Barr, Patricia 8 3/8/2017 11:36 AM
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Marturano - Kel-Tech Construction, Inc. -
Kelleher, Vincent
12-11 Redfern Ave.
Queens, N.Y. 11691
Bus: (718) 383-3353
Home: 2017
Mobile: (917) 682-3988
Bus Fax: (718) 337-3360
E-mail: [email protected]
Marturano - Kidzzplay Installation Services
126 Covered Bridge Road
Warwick, N.Y. 10990
Bus: (800) 851-7748
Home: 2016
Mobile: (845) 742-1745
E-mail: [email protected]
Marturano - Lobo Construction Services,
Inc.
250 Orchard Road
East Patchoeve, NY 11772
Bus: (631) 286-6184
Home: 2018
Mobile: (516) 807-8462
Bus Fax: (631) 286-6194
E-mail: [email protected]
Marturano - M & M Site Improvement, Inc.
(Mcpherson, Robert)
53 Gladstone Road
New Rochelle, NY 10805
Bus: (917) 679-1012
Home: 2018
Bus Fax: (914) 813-8639
E-mail: [email protected]
Marturano - Marrs Playground Installation,
Co.
16860 Paula Road
Madem, Ca. 93636
P.O. Box 318
Friant, Ca. 93626
Bus: (559) 479-8490
Home: 2017
Mobile: (559) 930-1700
Bus Fax: (559) 479-8490
E-mail: [email protected]
Marturano - Pat Corsetti, Inc.
610 Fenimore Road
Mamaroneck, NY 10543
Bus: (914) 698-5024
Home: 2017
Mobile: (914) 403-4346
Bus Fax: (914) 698-6746
E-mail: [email protected]
Marturano - Performance Flooring Systems
(Melville, Garth)
289 Milton Road
Rye, NY 10580
Bus: (917) 930-1521
Home: 2018
Mobile: (917) 930-1521
E-mail: [email protected]
Marturano - Picerno-Giordano
Construction, LLC (Richard Picerno)
200 Market Street
Kenilworth, NJ 07033
Bus: (908) 241-4331
Home: 2017
Mobile: (908) 296-0505
Bus Fax: (908) 241-7854
E-mail: [email protected]
Marturano - Playgrounds Unlimited, Inc
980 Memorex Drive
Santa Clara, CA 95050
Bus: (408) 244-9848
Home: 2016
Mobile: (408) 639-4565
Bus Fax: (408) 330-9256
E-mail: [email protected]
Marturano - Rubberecycle, LLC. - Gates,
Brian
P.O. Box 106
Springlake, N.J. 07762
Bus: (800) 922-0070
Home: 2014
Mobile: (732) 433-6121
Bus Fax: (732) 947-0226
E-mail: [email protected]
Marturano - Scott Construction of
Rochester, Inc.
23 Wells Street
Rochester, NY 14611
Bus: (585) 370-6331
Home: 2018
Mobile: (585) 370-6331
Bus Fax: (585) 325-2893
E-mail: [email protected]
Barr, Patricia 9 3/8/2017 11:36 AM
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Marturano - Shawn T. Gardner Builders
2882 Robert Court
Redding, CA 96002
Bus: (530) 222-2771
Home: 2015
Mobile: (530) 945-2041
Bus Fax: (530) 222-3269
E-mail: [email protected]
Marturano - Silagy Contracting, LLC.
614 Old Post Road
Edison, NJ 08817
P.O. Box 1096
Edison, N.J. 08817
Bus: (732) 287-5544
Home: 2018
Mobile: (732) 921-0780
Bus Fax: (732) 287-8978
E-mail: [email protected]
Marturano - TAJ Assoc
335 Clifton Ave,
Staten Island, NY 10305
Bus: (718) 415-4555
Home: 2018
Mobile: (917) 577-8274
Bus Fax: (718) 442-2567
E-mail: [email protected]
Marturano - Tec-Con Contractors, Inc.
9 Dodd Street
East Orange, NJ 07017
Bus: (973) 674-9191
Home: 2011
Bus Fax: (973) 674-2834
E-mail: [email protected]
Marturano - Titan Development, Inc.
8534 Seaman Rd
Gasport, NY 14067
Home: 2018
Mobile: (716) 913-5957
E-mail: [email protected]
Marturano - Whirl Construction
187 Main Street,
P.O. Box 110
Port Monmouth, NJ 07758
Bus: (732) 495-3715
Home: 2017
Mobile: (732) 496-5706
Bus Fax: (732) 495-6133
E-mail: [email protected]
Marturano - Who Built Creative Builders
80 Alta Dr.
Petaluma, CA 94954
P.O. Box 5207
Petaluma, CA 94955
Bus: (707) 763-6210
Home: 2017
Mobile: (707) 696-7734
Bus Fax: (707) 658-2513
E-mail: [email protected]
Minnesota&Wisc. - C.K.&C. Installation, Inc.
12735 - 274th Circle
Zimmerman, MN 55398
Bus: (763) 856-5293
Home: 2018
Mobile: (763) 244-0188
Bus Fax: (763) 856-0536
E-mail: [email protected]
Minnesota&Wisc. - Southern Coating
Systems
8960 205 St. West #432
Lakeville, MN 55044
Bus: (952) 469-3439
Bus Fax: (952) 469-3430
E-mail: [email protected]
s
Sinclair Recreation - G & C Contracting,
LLC. - Krohn, Geoff
16801 S. Mill Creek Rd.
Noblesville, In. 46062
Bus: (317) 694-4373
Home: 2016
Mobile: (317) 694-4373
Bus Fax: (317) 770-7482
E-mail: [email protected]
Sinclair Recreation - Michigan Recreational
Construction, Inc.
Sheffer, Craig A.
P.O. Box 2127
Brighton, MI 48116
1019Victory Drive
Howell, Mi. 48843
Bus: (517) 545-7122
Home: 2016
Mobile: (313) 806-8406
Bus Fax: (517) 545-7144
E-mail: [email protected]
Barr, Patricia 10 3/8/2017 11:36 AM
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Sinclair Recreation - Play Builders LLC
128 E. Lakewood Blvd
Suite 40 B
Holland, MI 49424
Bus: (616) 218-1053
Home: 2011
Mobile: (616) 218-1053
Bus Fax: (616) 994-0345
E-mail: [email protected]
Sinclair Recreation - Pro Installation Plus,
Inc.
60-B W.Terra Cotta Avenue #185
Crystal Lake, IL 60014
Bus: (815) 479-7220
Home: 2017
Bus Fax: (815) 479-7221
E-mail: [email protected]
Sinclair Recreation - Rent A Son
2294 S. Hickory Ridge Road
Milford, Mi. 48380-1920
Bus: (989) 233-3210
Home: 2018
Mobile: (989) 233-3210
E-mail: [email protected]
Sitelines - Cascade Mini Excavating, Inc.
1266 Bay Loop S.W.
Tumwater, Wa. 98512
Bus: (360) 556-3552
Home: 2018
Mobile: (360) 556-3544
E-mail: [email protected]
Sitelines - G.R. Morgan Construction
10536 S.W. 25th Avenue
Portland, OR 97219
Bus: (503) 452-4268
Home: 2018
Mobile: (503) 803-4802
Bus Fax: (503) 245-4872
E-mail: [email protected]
Sitelines - L.W. Sundstrom, Inc.
P.O. Box 893
Ravensdale, Wa. 98051
Bus: (206) 730-8901
Home: 2017
Mobile: (206) 730-8901
Bus Fax: (425) 413-2533
E-mail: [email protected]
Sitelines - Picture Perfect Playgrounds
Stoddard, Curtis
P.O. box 807
Ashton,ID 83420
Bus: (208) 652-3284
Home: 2016
Mobile: (208) 521-0161
Bus Fax: (208) 652-3285
E-mail: [email protected]
Sitelines - Precision Recreation
Contractors, Inc.
6821 S.E. Johnson Creek BLVD.
Portland, OR 97206
Bus: (503) 788-4002
Home: 2018
Mobile: (503) 572-8248
Bus Fax: (503) 788-4003
E-mail: [email protected]
Sitelines - Proexc, LLC (Kyllonen, James)
P.O. box 2803
Battleground, WA 98604
Bus: (360) 666-9276
Home: 2018
E-mail: [email protected]
Sitelines - Prosser & Sons
North 5544 Drumheller
Spokane, WA 99205-7509
Bus: (509) 326-4907
Home: 2015
Mobile: (509) 993-2840
Bus Fax: (509) 326-4907
E-mail: [email protected]
Sitelines - R & R Construction, Inc.
P.O. Box 10
Carbonado, WA 98323
Bus: (360) 829-2300
Home: 2018
Mobile: (253) 350-7449
Bus Fax: (360) 829-2700
E-mail: [email protected]
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Total Recreation - Barcon Construction
143 EL Cerrito Circle
San Antonio, TX 78232
Bus: (210) 867-2278
Home: 2019
Mobile: (210) 867-2278
Bus Fax: (210) 867-9500
E-mail: [email protected]
Barr, Patricia 11 3/8/2017 11:36 AM
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Total Recreation - Cross Country
3804 Simmons Creek Lane
Flower Mound, Tx. 75022-5495
Bus: (972) 355-8580
Home: 2018
Mobile: (972) 768-1713
Bus Fax: (972) 355-2902
E-mail: [email protected]
Total Recreation - Crosswinds Contracting,
Inc. (Les Shannon)
905 Sandy Beach Drive
Conroe, TX 77304
Bus: (936) 522-8522
Home: 2018
Mobile: (936) 522-8522
E-mail: [email protected]
Total Recreation - DecorCrete, Inc. -
Schaeffer, Charles
154 Oak Lane
Chatham, La. 71226
Bus: (318) 249-2016
Home: 2018
Mobile: (832) 202-9838
E-mail: [email protected]
Total Recreation - Indian Nations Ent -
Liles, Mike Garvin / Jeff
10252 Mustang Run
Forney, Tx. 75126
Bus: (214) 704-2115
Home: 2017
Mobile: (214) 704-2115
Bus Fax: (972) 564-5755
E-mail: [email protected]
Total Recreation - Majestic Playground
Services, LLC. Givens, Maury Scot
30274 White Egret Street
Denham Springs, La. 70726
Bus: (225) 667-3062
Home: 2017
Mobile: (225) 937-0791
Bus Fax: (225) 667-3035
E-mail: [email protected]
Total Recreation - Paradigm Contracting,
LLC. - Bergold, Helen
10719 Twilight Vista
Austin, Tx. 78736
Bus: (512) 300-3636
Home: 2017
Mobile: (512) 300-3636
Bus Fax: (512) 692-2947
E-mail: [email protected]
Total Recreation - Pro Playground
Installations, Inc - Schrock, Don
4 Wedgewood Blvd
Conroe, Tx. 77304
Bus: (936) 443-7235
Home: 2018
Mobile: (936) 443-7235
Bus Fax: (936) 441-3341
E-mail: [email protected]
Total Recreation - RGH Landscape, Inc.
P.O. Box 51376
Amarillo, TX 79159
Bus: (806) 358-4222
Home: 2016
Mobile: (806) 674-2810
Bus Fax: (806) 358-4222
E-mail: [email protected]
Total Recreation - Simmons Builders
General Contractor, Inc.
3804 Simmons Creek Lane
Flower Mound, TX 75022-5495
Bus: (972) 355-8580
Home: 2018
Mobile: (972) 768-1719
Bus Fax: (972) 355-2902
E-mail: [email protected]
E-mail 2: [email protected]
Total Recreation - Wade Contractors, Inc.
23024 Yupon
Porter, TX 77365
Bus: (281) 354-1934
Home: 2018
Mobile: (281) 435-8004
Bus Fax: (501) 204-4034
E-mail: Wade Contractors, Inc.
Triple M Recreation - Four Rivers, LLC. -
Leck, Kris
615 E. Walnut Street
Deming, NM. 88030
Bus: (575) 494-5788
Home: 2018
Mobile: (575) 494-5788
E-mail: [email protected]
Barr, Patricia 12 3/8/2017 11:36 AM
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Triple M Recreation - Hansen & Prezzano
Builders LLC
PO Box 359
Peralta, NM 87042
Bus: (505) 865-3900
Home: 2018
Mobile: (505) 228-1130
Bus Fax: (505) 865-3922
E-mail: [email protected]
Triple M Recreation - Premier Construction
Corporation
899 W. Daniel RD
San Tan Valley, AZ 85143
Bus: (520) 429-5245
Home: 2018
Mobile: (520) 429-5245
Bus Fax: (520) 529-1301
E-mail: [email protected]
Triple M Recreation - Progressive
Playgrounds, Inc.
12784 N. 3rd St.
Paskes, CO 80134
Bus: (303) 805-8992
Home: 2014
Mobile: (303) 324-7900
Bus Fax: (303) 805-8991
E-mail: [email protected]
Triple M Recreation - Triclops Services, LLC
720 Austin Ave. #200
Erie, Co. 80516
Bus: (720) 323-8845
Home: 2017
Mobile: (720) 323-8845
Bus Fax: (303) 833-4460
E-mail: [email protected]
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WI Playground - Captured Live
12 Narhaniel Chrichlow Drive
Valsayn
Trinida
Bus: (868) 689-9896
Home: 2018
Mobile: (868) 689-9896
E-mail: [email protected]
Williams, David - C & W Construction
15743 Terramont NE
Minerva, Oh. 44657
Bus: (330) 495-8590
Home: 2017
Mobile: (330) 495-8590
Bus Fax: (330) 821-4505
E-mail: [email protected]
Williams, David - Playground Equipment
Services, LLC
8510 Coyhill Lane
Cincinnati, Ohio 45239
Bus: (513) 923-2333
Home: 2017
Mobile: (513) 236-6906
Bus Fax: (513) 923-2444
E-mail: [email protected]
Williams, David - Walter Schunk
Excavating & Trucking, Inc.
P.O. Box 56
Miamitown, OH 45041
Bus: (513) 353-4760
Home: 2017
Mobile: (513) 659-9702
Bus Fax: (513) 738-0684
E-mail: [email protected]
Contract No. 2017001134
Vendor No. 121531
27 EXHIBIT D
FREIGHT RATE SCHEDULES
The following Freight Rate Schedules are an Exhibit to and is incorporated into the Contract to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the “Contract”) between the City of Charlotte and Playcore Wisconsin, Inc. d/b/a GameTime.
Hugh McRae Park,
Wilmington, NC
25 - Freight Rates
Contract No. 2017001134
Vendor No. 121531
28 EXHIBIT E
PRODUCT WARRANTIES
The following Product Warranties are an Exhibit to and is incorporated into the Contract to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the “Contract”) between the City of Charlotte and Playcore Wisconsin, Inc. d/b/a GameTime.
GameTimeDivision
PlayCoreWisconsin, Inc.
150 PlayCoreDrive, S.E.
Fort Payne, Alabama 35967
Telephone:256/845-5610
3/16/2017 RFP 269-2017-028 Page 20.1
REQUEST FOR PROPOSAL 269-2017-028
SECTION 20 WARRANTY DIRECTORY
File
No. Provider
24.00 Warranty Directory
20.01 GameTime Playground Equipment
20.02 GTImpax
20.03 GTShade
20.04 BigToys (and EaryWorks-NatureRocks)
20.05 Colorado Time Systems MultiSport Scoreboards
20.06 Colorado Time Systems Timing Systems
20.07 Dero
20.08 Everlast
20.09 GT Grandstands
20.10 Harmony
20.11 NRS
20.12 Power Systems
20.13 Spectrum Aquatics
20.14 The Fountain People
20.15 UltraPlay
20.16 UltraSite - UlraShade - UltraShelter
20.17 Water Odyssey
Note: some warranties cover multiple product offerings
GTW160101 Page 1
150 PlayCore Drive, SE
Fort Payne, Alabama 35967
Telephone: 256/845-5610
Facsimile: 256/845-9361
Email: [email protected]
GAMETIME® WARRANTIES
GameTime provides warranties on all materials and workmanship for one year, excluding vandalism.
In addition, GameTime offers:
Lifetime limited warranty on PowerScape®, PrimeTime®, Xscape® & IONiX® uprights.
Lifetime limited warranty on all hardware.
Lifetime limited warranty on GameTime PowerScape Tru-Loc® connections.
Lifetime limited warranty on PrimeTime and Xscape bolt-through connections.
Fifteen-Year limited warranty on metal decks, pipes, rungs, rails and loops.
Fifteen-Year limited warranty on rotationally molded products.
Five-Year limited warranty on glass fiber reinforced concrete PlayWorx structures.
Five-Year limited warranty on glass fiber reinforced polymers Tuff Forms sculptures.
Twenty-Year limited warranty on Timber Décor™ & Timbers recycled plastic lumber.
Five-Year limited warranty on nylon-covered cable net climbers and components.
Ten-Year limited warranty on pressure-treated pine and redwood products.
Ten-Year limited warranty on Advanced, Elite & stationary Base Series posts & bars.
Ten-Year limited warranty on site furnishings.
Ten-Year limited warranty on integrated GTShade® products.
Ten-Year limited warranty on fiberglass and DHPL signage.
Five-Year limited warranty on Super Seats™.
Three-Year limited warranty on SaddleMates® rubber and “C”-springs.
One-Year limited warranty on all other GameTime products.
All warranties specifically exclude damage caused by vandalism; negligence, improper installation or improper use; changes in appearance resulting from weathering; scratches, dents or marring as a result of use. Warranties are valid only if products are installed and maintained in accordance with GameTime instructions and use approved parts.
FIFTEEN YEAR
LIMITED (PERFORMANCE) WARRANTY
Effective June 1, 2008
GameTime warrants the GT Impax Engineered Wood Fiber Surfacing installation to the original purchaser for a period of fifteen (15) years from date of installation. This limited warranty applies only to GT Impax Engineered Wood Fiber Surfacing that has been approved for installation.
Performance:
In the event the Materials do not conform or perform as expected, the Limited Warranty shall be limited to replacement of the defective Materials in question, and shall not include installation or consequential damages or refund. This Limited Warranty does not cover normal wear.
Conditions:
This Limited Warranty is conditional upon the Surfacing being properly installed and maintained by the purchaser in accordance with written instructions provided by GameTime.
What Is Covered?
1. GameTime warrants, to the original purchaser, that the GT Impax Engineered Wood Fiber surfacing system will meet ASTM F1292-04 at the specified critical height (8 ft. for an 8 in. depth of GT Impax Engineered Wood Fiber, 12 ft. for a 12 in. depth) for a period of fifteen (15) years from the date of installation, subject to the conditions and exclusions shown below.
2. GameTime warrants, to the original purchaser, that the GT Impax Engineered Wood Fiber Surfacing will be free from defects upon delivery, subject to the conditions and exclusions shown below.
If the GT Impax Engineered Wood Fiber surfacing is defective within the applicable warranty period, GameTime will, subject to the conditions set forth below, replace defective installation components at no charge within a reasonable period of time. Components used for replacement under this warranty are warranted for the remainder of the original warranty period. The replacement of defective components shall constitute the sole and exclusive remedy in the event of a breach of warranty.
FIFTEEN YEAR
LIMITED (PERFORMANCE) WARRANTY
EXCLUSIONS
Incorrect installation, including insufficient drainage, failure to install all material delivered, failure to maintain the surface depth thereof, failure to use GT Impax wear mats in high use areas (swings, slides etc.), abnormal use, lack of or improper maintenance, acts of vandalism shall void this limited warranty and GT Impax shall have no responsibility with respect to damage resulting there from. In addition, changed impact attenuation characteristics created by sand or other materials tracked into the System are not covered by this Warranty as is acts of God, or any other cause beyond the control of GameTime will not be covered by this limited warranty.
NO REPRESENTATIVE OF THE SELLER HAS AUTHORITY TO MAKE ANY REPRESENTATIONS OR PROMISES EXCEPT AS STATED HEREIN.
THERE ARE NO WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE THAT EXTEND BEYOND THE WARRANTIES CONTAINED IN THIS DOCUMENT. GAMETIME SHALL
NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES TO THE STRUCTURE OR ITS CONTENTS ARISING UNDER ANY THEORY OF LAW WHATSOEVER.
Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitations of incidental or consequential damages, so the above limitation or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights that vary from state to state.
Warrantor: GameTime
P.O. Box 680121, Fort Payne, AL 35968
800-235-2440
Order number:
Name of project:
Customer:
Location:
Date of installation:
Representative:
WARRANTY
GT Impax Loose Shredded Rubber Surfacing is manufactured from recycled automobile and truck tires and is guaranteed to meet or exceed the ASTM Standard Specification for Impact Attenuation of Surface Systems Under and Around Playground Equipment Playground Surfacing Guidelines used by U.S. Consumer Products Safety Commission.
GameTime warrants GT Impax Loose Shredded Rubber Surfacing against total color loss for eight years from the purchase date and in turn warrants the impact attenuation performance of this product for the lifetime of ownership (not to exceed fifty years), subject to the conditions and exclusions listed below.
All product warranties are conditioned upon GT Impax Loose Shredded Rubber Surfacing being properly installed and maintained by the end-user in accordance with the installation and maintenance guidelines available from GameTime.
GameTime’s entire liability and the purchaser’s sole remedy, in the unlikely event that GT Impax Loose Shredded Rubber Surfacing does not conform to this guarantee, shall be limited to the replacement of defective material and shall not include the removal costs or installation costs or consequential damages or refund.
No other guarantee or warranty is expressed, written or implied except stated herein.
Vandalism, physical loss or any abnormal use shall void this warranty, and GameTime shall have no responsibility with respect to damage resulting there from. Additionally, this warranty shall be void if foreign materials that affect impact attenuation are deposited onto or into these products. Under no conditions shall GameTime be liable for any damages whatsoever arising from the use of or inability to use the aforementioned products, even if GameTime has been advised of the possibility of such loss.
Warrantor: GameTime
P.O. Box 680121, Fort Payne, AL 35968
800-235-2440
Order number:
Name of project:
Customer:
Location:
Date of Installation:
Representative:
10 YEAR LIMITED WARRANTY
Playcore Inc. (the “Seller”) warrants that the GT Impax Interlocking Tile safety surfacing system will be free from defects in material and workmanship. The Seller further warrants that the GT Impax Interlocking Tile safety surfacing system complies with the requirements of the ASTM F1292 Standard specification for impact attenuation of surface system under playground equipment.
The Warranty Covers
x Surface wear due to ordinary abrasion from pedestrian traffic will not penetrate the wear course of the surface.
x The locking system, installing the tile according to manufacture’s specifications, will ensure that the surface will remain secure and functional.
x The product will comply with the requirements of ASTM F1292-04 at the height the manufacture rated the GT Impax Interlocking tile system at the time of purchase.
Duration of Warranty
x This is a 10 year limited warranty, prorated as outlined in the schedule shown below.
This warranty maybe transferred with the property.
Terms of Warranty
x Any segment of a GT Impax Interlocking Tile surface that meets the criteria will be repaired or replaced, at the Seller’s option and in conjunction with the warranty coverage schedule below.
Warranty Submittal Process
x A warranty claim should be made directly to the Seller. All claim submittals will require the following information. Please provide a description of the claim defect and the date the defect was discovered, a photographic image if image (if applicable) of the claim defect, the date of the original installation, the project name and your name, address and phone numbers. The Seller will provide notification of any additional information and physical evidence that may be required to process your claim.
Warranty Coverage Schedule
x The Seller shall be responsible for the 100% of the cost of the repair or replacement of any product found to be defective or not in compliance with the warranty herein within the first six (6) years following the original shipment of the product. Where any product is found to be defective or not in compliance with the warranty herein more that six (6) years following the original shipment of the product, the Seller shall only be responsible for a portion of the cost of the repair or replacement of such products as follows ( and the buyer shall bear and pay the remaining portion of such cost):
Number of years from date of original Percentage of purchase price of product shipment to date of claim for which Seller is responsible 0-6……………………………………………………………………………………100%
More than 6, less than 7…………………………………………………………………………….. 60% More than 7, less than 8……………………………………………………………………………...40% More than 8, less than 9…………………………………………………………………………….. 30% More than 9, less than 10…………………………………..………………………………………...20% Warranty Exclusions
This warranty dose not cover:
x Product failure caused by accidents, misuse, natural disaster, vandalism, improper installation or maintenance and the like (see installation, care and maintenance instructions) x Color change caused by exposure to UV and/or normal abrasion from pedestrian traffic x Failure due to improper sub-surface preparation
x Resilient flooring may suffer visible damage as a result of extreme high forces (up to2000 pound per square inch).
Common contributors of this type of force include but are not limited to stiletto or high heels, as well as narrow tipped chair supports. GT Impax Interlocking Tile resilient surfacing is not designed to perform under such concentrated high pressure.
Playcore will not accept claims for damage caused by extreme high force.
Additional Consideration
The Seller’s liability is limited to the material and transportation cost of the repair or replacement of the product at the Seller’s option. The Seller shall be responsible for the installation cost and the cost of other work in connection with the repair and replacement only if such work was performed by Seller in the original installation. Where GT Impax Interlocking Tile are installed only in high traffic areas or installed in combination with other surfacing products not sold by the Seller, such GT Impax Interlocking Tiles are excluded from this warranty. x In the event of repair, replacement, or refinishing under this warranty, the warranty applicable to the replacement material or to the repaired or refinished product will extend only for the time remaining under the original warranty.
x The Seller reserves the right to discontinue or change any design or color of any product at any time and without notice or liability. If, for any reason, products of the type originally purchased are no longer available at the time a warranty claim is made, Seller may substitute another product determined by Seller to be of comparable quality and price.
x THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARITCULAR PURPOSE.
x Your exclusive remedy for any breach of warranty is as set forth in the warranty. This warranty gives you specific legal rights. You may have other rights which vary from state to state.
POURED IN PLACE (PIP)
WARRANTY
Playground Equipment
GameTime warrants the GT Impax recycled poured rubber surface (referred to as PIP) installed and maintained in accordance to GameTime specifications, under this contract agreement for a period of five (5) years commencing from the date of substantial completion. This limited warranty shall provide for 100% of the cost for necessary repairs caused by the failure of the GT Impax PIP due to workmanship and materials only, and pertains only to the surfacing material agreed to under this contract.
Water Play Equipment
GameTime warrants the GT Impax recycled poured rubber surface (referred to as PIP) installed and maintained in accordance to GameTime specifications, under this contract agreement for a period of three (3) years commencing from the date of substantial completion. This limited warranty shall provide for 100% of the cost for necessary repairs caused by the failure of the GT Impax PIP due to workmanship and materials only, and pertains only to the surfacing material agreed to under this contract.
Water Play Equipment Only: If aliphatic binder is not used, poured rubber surfacing (PIP) will carry a maximum one-year (1) warranty.
This limited warranty includes GameTime’s obligation to only repair and/or replace any defective materials or workmanship in the surface area or surface areas that have failed during the warranty period. A failed area or failed areas include edge raveling, bubbling, delamination, peeling, and loss of integrity as a result of the GT Impax recycled poured rubber degradation. GameTime is under no obligation or responsibility to repair and/or replace the GT Impax recycled poured rubber “PIP” surface if damaged during the curing process (Unless specified in contract), damage by vandalism (including stains, cuts, burns, gouges, etc.), product misuse, abuse or alteration, improper slab or base or sub-base design or construction, improper drainage, improper or lack of specified required maintenance, any foreign residue that may be deposited on the surface, normal wear and tear (including slight color variations, and color fading), damage from sharp objects (high heels, spikes, etc.), problems caused by moisture, alkali, hydrostatic pressure, cracking, shifting, or lifting of the substrate, or acts of God.
All warranty claims shall be made in writing to GameTime within thirty (30) days after the Owner has knowledge thereof, but in no event later than thirty (30) days after expiration of the warranty period. The written notification from the Owner shall include the following: the date of the first notice of the failure, details of the failure, photos of the failed area and a request for a warranty claim meeting with GameTime at the installation site (if applicable). GameTime shall not be responsible for warranty claims for any notices received from the Owner after thirty (30) days of Owner’s first knowledge of the failure.
1 of 2
Warranty
GameTime shall determine the validity of all claims after sufficient evidence has been gathered. GameTime shall then replace, repair or make a refund for any claims validated by it. Any refund, credit or allowance provided to the Owner on a warranty claim is exercisable only if said allowance is used to accommodate replacement with a GT Impax recycled poured rubber surface.
Any dispute as to whether and to what extent there is a GT Impax recycled poured rubber surfacing failure and a subsequent valid warranty claim within the meaning of this warranty shall be initially dealt with by joint investigation and discussion between GameTime and owner in order to achieve a mutually agreeable solution. If such a solution cannot be reached within thirty (30) days, then either the Owner of GameTime shall submit the matter to an arbitrator who is a member of the American Arbitration Association and who shall make a determination in accordance with the rules and regulation of said American Arbitration Association. The decision of said arbitrator shall be binding on both parties.
This limited warranty is exclusive of the underlying material (e.g. existing surface, existing or new asphalt, concrete, base, sub-base or sub-grade). If the underlying material fails for any reason whatsoever (including hydrostatic pressure, cracking, shifting, heaving), then GameTime warranty shall be rendered invalid. If the underlying material is concrete, a “curing agent” is NOT allowed, as it will probably cause delamination of the GT Impax recycled poured rubber.
Additionally, there is no warranty against surface cracking along expansion joints and underlying cracks, or separating from an adjacent border, curb or walkway. This limited warranty does not include discoloration as a result of ultraviolet rays, unapproved cleaning materials or vandalism. WARNING: Surface temperatures can prove dangerous under warm weather conditions. Shoes and/or socks must be worn during warm weather conditions.
Owner agrees that it will not, under any circumstances, make alterations to the GT Impax recycled poured rubber surface without the written authorization of GameTime. Any unauthorized alteration by the Owner shall result in the immediate termination of all warranties for the GT Impax recycled poured rubber surfacing and shall also give rise to the duty of the Owner to hold harmless, defend and indemnify GameTime from any claim, suit or cause of action, personal injury, death, or property damage arising out of or related to said alteration.
This limited warranty is expressly made in lieu of any other warranties and is exclusive to the original Owner. Owner acknowledges that the limited warranty will be voided if the Owner fails to follow the GameTime Maintenance Guidelines provided by GameTime. Owner agrees that in no event shall GameTime have any liability to Owner for loss of use or loss of profits or any form of consequential damages. NOTE: The following chemicals can cause potential damage to the GT Impax recycled poured rubber and should be avoided: disinfectants, concentrated bleach, gasoline, diesel, hydraulic and lubricating oils, weak acids and organic solvents.
If the contract price is not paid in a timely manner as per the terms and conditions of the agreed contract, the limited warranty is automatically voided. Any damages to the surface during the curing period will be repaired or paid for at the Owner’s expense. This limited warranty does not lessen or eliminate any other contractual obligation of Owner to GameTime.
Warrantor: GameTime
P. O. Box 680121, Fort Payne, AL 35968
800-235-2440
Order number:
Name of project:
Customer:
Location:
Date of installation:
Representative: Date
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Turf
Product Specification
PART 1 – GENERAL
Work Details:
Provide all labor, materials, equipment, and tools necessary for the complete installation of synthetic grass safety surface. The system shall consist of, but not necessarily be limited to, the following:
Synthetic Grass: consisting of fibers that are nominal 1 3/4 inch long. Turf fiber construction consisting of polyethylene monofilament and texturized polypropylene thatch tufted to a 2-layer stabilized woven polypropylene fabric (primary backing), with a secondary backing (stitch binder) of urethane or Duraflo. (GT Impax Turf ™ synthetic turf or equivalent).
Pad Underlayment System A: consisting of porous closed cell composite materials. Thickness and density of panels shall be sufficient so that system meets the fall height requirements. GT Impax Turf ™ Pad or equivalent.
Pad Underlayment System B: consisting of 50% recycled tire buffings / 50% recycled ¼” – ½” (inch) chunk rubber mixed with a urethane binder (min. 10%).
Synthetic Grass Infill: consisting of anti-microbial acrylic coated round silica particles, designed to provide the look, feel, and performance of optimally maintained natural grass. GT Impax Turf ™ Infill or equivalent.
Quality Assurance and Compliance Details:
Impact Attenuation – ASTM F1292-04: Impact attenuation test results will be provided to the owner or owner’s representative. These test results shall be certified and submitted on the letterhead of an independent testing lab. Impact attenuation test results shall meet or exceed Consumer Product Safety Commission Guidelines for impact attenuation (Gmax and Head Injury Criteria (HIC).
Accessibility of Surface Systems – ASTM F1951-08: All Playground surfacing products must pass testing to ensure wheelchair access under and around playground equipment as required by the American Disabilities Act.
Flammability of Finished Floor cover – ASTM D2859: Product shall meet requirements of ASTM D2859.
IPEMA Certification: Manufacturer must provide proof of certification. “In the interest of public playground safety, IPEMA provides an independent laboratory which validates a manufacturer’s certification of conformance to ASTM F1292-04. A list of current validated products, their thickness and critical heights may be viewed at www.ipema.org.”
PART 1 – GENERAL (Continued)
Submittal Details:
General: Submit listed submittals in accordance with Conditions of the Contract and Submittal Procedures Section.
Product Data: Submit manufacturer’s product data and installation instructions.
Verification Samples: Submit manufacturer’s standard verification samples of 6" x 9" (153 mm x 229 mm) minimum.
Quality Assurance/Control Submittals: Submit the following:
Certificate of qualifications of the playground surfacing installer.
Closeout Submittals: Submit the following:
Warranty documents specified herein.
PART 2 – MATERIAL DATA:
Synthetic Grass: 1 ¾ inch GT Impax Turf ™ from Gametime or approved equal Face Weight:
x GT Impax Turf ™ 50 oz/sy
x GT Impax Turf ™ Elite 80 oz/sy
Face Yarn Type: Polyethylene
Yarn Size: 4200/9000
Pile Height:
x GT Impax Turf ™ 1 3/4 inches
x GT Impax Turf ™ Elite 1 3/4 inches
Color: Blend
Construction: Broadloom tufted
Stitch Rate: 8 per 3 inches
Tufting Gauge: 1/4”
Primary Backing: Stabilized woven Polypropylene (double thickness) Secondary Backing: 20 oz. Urethane or DuraFlo
Total Product Weight:
x GT Impax Turf ™ 69.7 oz/sy
x GT Impax Turf™ 99.7oz/sy
Finished Roll Width” 15 feet
PART 2 – MATERIAL DATA (Continued):
Pad Underlayment System A: GT Impax Turf ™ Pad Standard recycled, non contaminated, Post industrial cross-link, closed cell Polyethylene – polyolefin foam pad from Gametime Pad Underlayment System:
Foam Type: Polyethylene – polyolefin
Bulk Density: 4.0-6.0 lb/cu ft
Effective Size: 24 sq ft (net coverage)
Tensile Strength: 80 - 120 psi
Pad Underlayment System B: 50% recycled tire buffings / 50% recycled ¼” – ½” (inch) chunk rubber mixed with a urethane binder (min. 10%).
Synthetic Grass Infill: GT Impax Turf ™ infill from Gametime or approved equal Coating:
Priority acrylic, iron oxide and chromium oxide
Grain shape: 7.0 Mohs
Curvature: .65
Specific Gravity: 2.65 g/cm3
Bulk Density: 92-95 lb/cu ft
Uniform coefficient: 1.00 to 1.40
Effective Size: .90 - .95 mm
Blend rate: 3 to 4 lb per square foot.
Splicing Material: 1000 denier coated nylon (Cordura®) 12” wide minimum.
Adhesive: Synthetic Turf Adhesive
PART 3 – SUB-BASE TYPES AND DETAILS
Sub-base Requirements - The base shall have the specific minimum slope (2%) and shall vary no more than 1/8” when measured in any direction with a 10’ straight edge.
Stone – The density requirement is 90% to 95% compaction with final condition of stone as level and stable so as not to shift when traveled on or during surface installation process. A compaction test is required and must be submitted to GameTime prior to installation of turf surfacing. Failure to provide proof of compaction test will void 5-year warranty of turf surfacing should signs of sub-base failure occurs.
PART 3 – SUB-BASE TYPES AND DETAILS (Continued)
Depth: 4 inch minimum thickness.
Slope: Stone elevation shall maintain ¼” per foot toward low end.
Porosity: Base course shall maintain porosity for direct drainage.
Enclosure: Stone base course must be surrounded by a retaining curb.
Drainage: Subsurface drainage is recommended under and around a stone base. Perforated pipe or similar system is acceptable.
Tolerances: ¼” in any 10-foot direction and 1/8” in any 3-foot direction.
Stone Selection: It is critical that different size stones are used so that the base shall be uniformly mixed. The material shall be
wetted during mixing operations if necessary for proper blending.
Stone Graduation U.S. Sieve Percent Passing
1" 100
3/4" 90 - 100
No. 4 35 - 60
No. 30 10 - 30
No. 200 2 - 9
Concrete or Asphalt – Concrete should be finished with a medium broom finish. All new concrete slabs must cure for a minimum of seven (7) days prior to installation. Asphalt cure time requires fourteen (14) days. Once the new asphalt has cured, it must be pressured washed prior to the surfacing being installed. The concrete contractor shall be responsible for flooding the pad to insure proper slope and tolerance. Any areas holding enough water to cover a flat nickel shall be patched prior to arrival of turf installation crews.
Depth: 4 inch minimum thickness.
Slope: Concrete or asphalt shall maintain ¼” per foot.
Tolerance: Concrete must maintain a tolerance of 1/8” in 10 ft. to avoid low areas that will hold water under the turf.
PART 4 – SITE PREPARATION AND REQUIREMENTS
Drainage – Having proper drainage at the low end of the concrete slab is of utmost importance. Any brick walls or curbs at the low end of the slab shall have drainage access through weep holes. Concrete curbing weep holes should be level with finish grade of sub-base or a minimum of 1/8" below top of concrete slab, as GT IMPAX turf surfacing is porous and water drains immediately through it. Weep holes shall be 2" high and 3" wide and shall be installed every three (3) feet. If weep holes are smaller than the recommended size, they shall be installed every 18". Floor drains shall be located outside the high impact areas, as the drains may not be covered with GT IMPAX turf surfacing.
Recommended locations for drains are under play unit or against low-end wall or curb.
Security & Waste Disposal – Surface installation crew shall be responsible for the protection of surface during the installation process while on site only. Owner or general contractor shall be responsible for the protection of the surface during the curing period upon completion of the installation and overnight during the installation. Owner or general contractor shall be responsible for having a dumpster on site for all waste and debris. Failure to provide security and a dumpster will result in additional cost.
Utilities & Access – Power and water must be available within 300 feet of installation.
Site will require tractor-trailer access. In a case where tractor-trailer access is not possible, owner or general contractor shall be responsible for transporting materials from delivering carrier to the installation site.
PART 5 – INSTALLATION
General: The area to be smooth and graded to allow proper drainage. Refer to grading plan. The overall grade of the playground is not to exceed 3%.
Compacted Aggregate Base: Place 4 inches of aggregate base as leveling layer compacted to 90% of max density per AASHTO T99. Compaction shall be done with mechanical compactors, including vibratory compactors, and/or powered tampers, and rollers. Aggregate size should be ¾” minus (compactable).
Synthetic Grass: Place turf and cut to fit configuration as shown on Drawings.
Splice seams. All seams must be attached with splicing film/fabric and adhesive as approved by the manufacturer for this type of installation of their product.
Infill: Apply layers of synthetic grass infill evenly with a spreader and broom the turf fibers with stiff bristle broom to stand fibers up and allow infill to settle into the bottom.
Broom in GT Impax Turf ™ infill approximately 3 to 4 pounds per square foot. *(infill is only required on the 60 oz. Dura Series. 80 oz Ultra Series does require limited to no infill.
Manufacturer always recommends at least a pound of infill per sq foot) Anchoring/Edging: Edges of turf will be secured to ground with mechanical fasteners, stakes or edging.
PART 6 – WARRANTY
Gametime offers a 5 year limited product warranty on GT Impax Turf from the date of purchase. The product shall be free from defects in material and workmanship resulting in color loss.
Supplier’s warranty excludes: any Product defect, damage or failure that is the direct result of Product abuse, misuse or negligent maintenance; and Product damage caused directly or indirectly by acts of third parties, including, without limitation, negligence of owner/operator, vandalism, machinery, animals, flood, chemical reaction, improper sub-surface preparation and/or installation, improper cleaning methods, and acts of God.
Ask your GameTime representative for a copy of our full GT Impax turf warranty details.
PART 7 – MAINTENANCE
Ask your GameTime representative for a copy of our full GT Impax turf maintenance details.
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MULTISPORT SCOREBOARD & CONTROLLER
WARRANTY AND LIMITATION OF LIABILITY
This Warranty and Limitation of Liability (the “Warranty”) sets forth the warranty provided by Colorado Time Systems (Seller) with respect to Multisport Equipment. By accepting delivery of the Equipment, Purchaser agrees to be bound by and accept these terms and conditions. All defined terms within the Warranty shall have the same meaning and definition as provided in the Agreement.
1. Scoreboard Warranty Coverage
a. Seller warrants that models: BB-xxxx, BK-xxxx, CM-xxxx, FB-xxxx, CLK-xxxx, CR-xxxx, HK-xxxx, LX-xxxx, and SC-xxxx series of scoreboards will be free from defects in materials and workmanship for a period of five (5) years (the “Warranty Period”).
The warranty period shall commence as soon as the Purchaser, customer or any other party occupies or operates the scoreboard, or 3 months after shipment. b. Seller’s sole responsibility for any breach of the foregoing warranty shall be to repair or replace equipment or parts not forming to the aforesaid warranty at Seller’s option either on-site or upon return thereof to Seller. Return transportation charges shall be pre-paid by Purchaser. Returned products must be properly packaged. Upon repair, Seller will pay return shipping costs for ground transportation only. Overnight, express, or other special shipping costs will be paid by Purchaser.
c. Defects shall be defined as follows. With regard to the Scoreboards (excepting LEDs), a “Defect” shall refer to a material variance from the design specifications that prohibit the Scoreboard from operating for its intended use. With respect to LEDs, “Defects” are defined as LED pixels that cease to emit light. The limited warranty provided does not impose any duty or liability upon Seller for partial LED pixel degradation. Nor does the limited warranty provide for the replacement or installation of communication methods including but not limited to: wire, fiber optic cable, conduit, or trenching for the purpose of overcoming local site interference radio equipment substitutions.
2. Controller Warranty Coverage
a. Seller warrants that wireless controller models: WHC-1 and WTTC-1 will be free from defects in materials and workmanship for two (2) years (the “Warranty Period”).
The warranty period shall commence as soon as the Purchaser, customer or any other party occupies or operates the controller, or 3 months after shipment. b. Seller’s sole responsibility for any breach of the foregoing warranty shall be to repair or replace equipment or parts not forming to the aforesaid warranty at Seller’s option either on-site or upon return thereof to Seller. Return transportation charges shall be pre-paid by Purchaser. Returned products must be properly packaged. Upon repair, Seller will pay return shipping costs for ground transportation only. Overnight, express, or other special shipping costs will be paid by Purchaser.
3. Conditions and Limitations
1551 E 11th Street, Loveland, CO 80537 USA z +1(970)667-1000 z (800)279-0111 z +1(970)667-5876(fax) www.coloradotime.com – rev 06/13
a. This warranty covers equipment provided under agreement by Seller only. Seller reserves the right to use new or equivalent to new parts in the service of its products. This warranty does not apply to independent third party installation or service labor. It does not provide routine or emergency maintenance services. It does not apply to normal LED degradation, or replacement of batteries. b. Said warranty shall not apply to resulting damage in any of the following cases:
i. Neglect, abuse or damage caused by user including failure to operate and maintain according to end-user documentation furnished with the product.
ii. Improper storage, installation, maintenance or servicing of the equipment by anyone other than Seller or an Authorized Seller’s representative. iii. Improper environmental control (storage and/or use) of electronic equipment.
iv. Power surges, water damage, lightning or other “acts of nature.” v. Vandalism or acts of terrorism or war.
vi. Excessive application of electrical power or improper power connection. vii. Removal of warning labels and protection devices.
viii. Installing non-factory replacement parts.
ix. Use of high-pressure washers or exposure to concentrated detergents or other chemical agents or solvents.
c. Disclaimer
i. Said warranty is in lieu of all other warranties of Seller, express or implied, and except to the extent herein provided, Seller does not make any warranty whatsoever to Purchase including, without limitation, any warranty of merchantability or fitness for any particular use or purpose.
Seller’s entire liability and Purchaser’s exclusive remedy for damages from any cause whatsoever, and regardless of the form of action, whether in contract or in tort including negligence, shall be limited to actual damages up to the purchase price of the Equipment. The foregoing limitation of liability will not apply to claims by Purchaser for bodily injury or damage to real property or tangible personal property for which Seller is legally liable. In no event shall Seller be liable for any special, punitive, or consequential damages or lost profits even if Seller has been advised of the possibility of such damages. Seller will not be liable for any claim by Purchaser based on any third party claim.
1551 E 11th Street, Loveland, CO 80537 USA z +1(970)667-1000 z (800)279-0111 z +1(970)667-5876(fax) www.coloradotime.com – rev 06/13
Equipment Warranty
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5HY Colorado Time Systems | 1551 E 11th St. | Loveland, CO 80537 | USA | +1(970)667-1000 | +1(970)667-5876 (fax) | www.coloradotime.com | (800)279-0111
WARRANTY
Dero will warrant its products against defects in workmanship and materials for a period of (12) months from the date of delivery for all products consisting of TGIC powder coat, Thermoplastic powder coat, stainless steel finishes, and for a period of two years on products consisting of galvanized or Thermoplastic/PVC rubber dip over galvanized finishes. Under this warranty, Dero’s liability is limited to repair or replacement, at Dero's option, of products found in Dero's reasonable judgment to have been defective in workmanship or materials.
This warranty does not cover failure due to negligence, abuse, vandalism, accidents, lack of maintenance, or improper installation; nor does it cover defects or failure due to products tampered with, altered, modified or repaired by anyone not approved by Dero.
The air pump for the Dero Air Kit 1 is warranted for above freezing temperatures. The air pump is not warranted in below freezing temperatures and it is strongly recommended that air pumps are removed and stored indoors during periods of below freezing temperatures. There is a six month warranty period for the pump, parts and gaskets. Acts of God, improper use or vandalism are not covered by this warranty The Dero Air Kit 2 and Air Kit 3 are warranted for temperatures ranging from -30 – 110 degrees. There is a one year warranty period for the pump, parts and gaskets, and a six-month warranty on the hose and pumphead. Acts of God, improper use or vandalism are not covered by this warranty Dero will assume transportation charges for return of the defective product if returned by the buyer in accordance with written instructions from Dero. Dero will not be responsible for providing the cost of labor for removal or installation of the defective product or any replacement. In no event shall Dero be liable for special, inherent or consequential damages, including, without limitation, loss of use or profits.
Proof of sale from Dero or from an approved dealer is required. The foregoing warranty is exclusive and is given and accepted in lieu of any and all other warranties, expressed or implied, including, without limitation, the implied warranties of merchantability and fitness. The remedies of buyer for any breach of warranty shall be limited to those provided herein.
No agreement varying or extending the foregoing warranty will be binding upon Dero unless it is in writing and signed by a duly authorized officer of Dero.
Any questions regarding this warranty should be directed to:
Dero
504 Malcolm Ave SE
Suite 100
Minneapolis, MN 55414
Toll free 888-337-6729
www.dero.com
LIMITED WARRANTY
Everlast Climbing Industries, Inc. (“ECI”) warrants to the original purchaser that products from ECI will be free from defects in materials and workmanship for a period of one full year from the date of purchase, normal wear and tear excepted. Should the products purchased directly from ECI, or authorized partners, fail to conform to this warranty during this one year warranty period, ECI will, at its option, repair or replace the faulty unit(s) at no additional charge. This limited warranty does not include service to repair damage to the products purchased from ECI, or authorized partners, resulting from a cause other than defect or malfunction, including neglect, accident, unreasonable use or servicing or modification by anyone other than ECI.
EXCEPT AS SET FORTH ABOVE, ALL PRODUCTS PURCHASED FROM ECI ARE SOLD “AS IS.” ECI MAKES NO WARRANTIES EXPRESS OR IMPLIED HEREUNDER AND
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
Warranty service may be obtained by contacting ECI in writing at the address shown below within one year of original purchase and providing proof of purchase date. You, the original purchaser, agree to pay the cost for ECI to ascertain that damages have occurred. For further information, contact:
Everlast Climbing Industries, Inc.,
1335 Mendota Heights Road, Mendota Heights, MN 55120
Phone: (651) 665-9131 Toll Free: (800) 476-7366
All warranties on the products purchased from ECI are limited to one year from the date of purchase.
Failure to install and maintain products according to ECI’s Installation and/or Maintenance Instructions will void this warranty. Any modifications or changes to the product’s panels, wall products or hand holds, without ECI’s express written approval, will void this warranty.
If the product does not conform with the warranties given as stated above, your remedy is to have the unit repaired or replaced as provided above. In no event will ECI be liable for any loss or damage, including damages of any kind arising out of the use of or inability to use this product, for incidental or consequential damages, or for any claim by anyone other than you, the original purchaser.
Some states do not allow limitations on warranties and do not allow the exclusion or limitation of incidental or consequential damages, so any such limitation or exclusion may not apply to you.
This warranty gives you specific legal rights which may vary from state to state.
Purchasing Entity:
Purchase Date:
* Keep this document for your records and proof of warranty.
NR - SERIES – ALUMINUM ANGLE FRAME
MANUFACTURER: GT Grandstands, Inc., 2810 Sydney Road, Plant City, FL 33566, Ph (866) 550- 5511, Fax (813) 305-1419
DESIGN: The bleachers shall be designed to support, in addition to their own weight, a uniformly distributed live load of not less than 100 psf of gross horizontal projection of the bleachers. All seat and foot plank members shall be designed to accommodate 200 plf across a 6' span with a maximum deflection of 9/16".
The bleachers shall be designed to resist, with or without a live load, a horizontal wind load of 30 psf of gross vertical projection. In addition to the live load, the bleachers shall be designed to resist the following sway forces: (1) 24 plf of seat plank in a direction parallel to the length of the seat, and (2) 10 plf of seat plank in a direction perpendicular to the length of the seat. Under these loads, stresses in aluminum members and connections shall not exceed those specified for Building Type Structures by the Aluminum Association.
CONSTRUCTION: The understructure, including crossbracing, shall be of a welded, aluminum angle (6061- T6 alloy, mill finish) construction. The understructure of each unit shall consist of frames spaced at 6' centers joined by crossbracing at adequate points to comply with the design loads.
FRAME MEMBER SIZES:
Seat Posts: 3" x 2"x 3/16" min. (Row 2)
1 3/4" x 1 3/4" x 3/16" min. (All other rows)
Foot Brackets: 2" x 2" x 3/16" min.
Crossbracing: 1 1/2" x 1 1/2" x 3/16" min.
Bottom Runners: 2" x 2" x 3/16" min.
DIMENSIONS: The rise per row shall be 7", seat height 16" above respective tread, and tread depth per row of 24”. Overall depth of unit is 2’ 9-5/8”. Clear width of unit is 15’. Top row seat height is 1’-11”.
SEAT PLANKS: Seat planks shall be 2"x10" nominal, extruded 6063-T6 aluminum alloy with a clear anodized finish and end cap. (Finished size shall be 1 3/4" x 9 5/8", .075” wall with two internal legs.).
TREAD PLANKS: Tread planks shall be of one 2"x10" nominal, extruded 6063-T6 aluminum alloy with a mill finish and end cap. (Finished size shall be 1 3/4" x 9 5/8", .075” wall with two internal legs.).
ALUMINUM PLANK HARDWARE: Tie-down assemblies consisting of a four-way adjustable aluminum clip, with galvanized bolt with nut and washer shall be provided for each connection point at each support.
WARRANTY: GT Grandstands warrants to the Buyer that its bleachers shall be free from defects in material and workmanship under normal use for a period of five (5) years provided they are installed per GT Grandstands installation instructions and that component parts supplied by GT Grandstands are used. GT Grandstands’ obligation under this warranty shall be limited to repair and exchange of any such item, which may prove defective under normal use (vandalism and premeditated damage excluded) during such period. GT Grandstands will release the warranty documents to the buyer only after the Buyer has paid GT Grandstands in full the final contracted amount.
194 Bodo Dr. Suite F, Durango, CO 81303, P: (970) 375-7825, F: (970) 247-0856 Freenotes Harmony Park Warranty
Our Outdoor Musical Instruments are designed for durability and playability. We are confident that they will withstand all types of normal weather conditions and normal frequent play. They will never need re-tuning and can be enjoyed by all, any age or ability.
All Freenotes Harmony Park (“FHP”) instruments will be built to our documented procedures and with the highest quality. Our warranty provides that our products will be free of defects in manufacturing and material.
Warranty begins on date of shipment. If any failures in manufacturing or materials occur within the applicable warranty period, FHP will provide replacement parts or products as determined by FHP within 30 days after written notification.
All FHP products carry a 5-year limited warranty on all standard/stock instruments and posts. All custom instruments and posts carry a 90 day warranty.
This warranty is valid for purchases on or after January 1, 2016.
This warranty is valid only if the mounting/assembly and ground/foundation works are carried out as described in the Installation Instructions of your FHP products and maintained according to the maintenance instructions provided by FHP. For all warranty issues it is the responsibility of the customer to cover all shipping costs, when necessary, for warranty items. FHP will not be responsible for providing labor or labor costs for the replacement of products or parts.
All replacement parts or products will be covered for the duration of the original warranty.
All products must be inspected immediately upon arrival. It is your responsibility to note any shipping damage on all copies of shipping paperwork. You must report any damage within 48 hours to Freenotes Harmony Park or to your FHP distributor.
Damage not reported within this time frame cannot be covered under warranty.
FHP cannot warrant against:
Theft, vandalism, misuse, negligence or accident.
Scratches on paint, aluminum, or any finishes.
Cosmetic issues or wear and tear from normal use.
5120 Investment Drive, Fort Wayne, IN 46808
Toll Free (888)-568-9064
Fax (260)-482-7449
E-mail: [email protected]
Online: www.bleachers.net
5-YEAR
WARRANTY
Aluminum planks covered against blistering,
cracking, peeling or flaking due to weather, temperature changes, continued exposure to rain, snow or U.V. rays from the sun. 1 Year Warranty - failure of structural strength of any framework component.
For full warranty information visit: bleachers.net
Limited Warranty Information:
The product I purchased is not what I expected. Can I return the product? You may return items within 30 days of receipt for a refund. All products are warranted free of manufacturer defects for 90 days from invoice date. No other warranty, written, or implied, exists unless noted on the website or in the catalog.
To return a product, please call our customer service department 800.321.6975 to receive a return merchandise authorization number. You must have pre-authorization prior to returning a product.
Due to manufacturing changes and raw material costs, some product characteristics may vary slightly and prices may be affected.
Warranties
Power Systems (PS), LLC issues limited warranties on some of our products. We do list 3 and 5 years on some products – this does not cover normal wear and tear. This limited warranty states that the goods shall be free from defects in material and workmanship.
This warranty shall not apply in the event of defects caused by: (I.) Physical abuse of the goods or any component or acts of vandalism by any persons. (II.) Alterations, modifications made to our products will void the warranty. (III.) This warranty does not extend to normal wear and tear of a product.
800.791.8056
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• TWO-YEAR LIMITED WARRANTY ON AQUATIC LIFTS
• THREE-YEAR LIMITED WARRANTY ON STAINLESS STEEL DECK
EQUIPMENT & AQUATIC LIFT FRAME*
UPlay Today™ Warranty
UltraPlay Systems, Inc. warrants its products to be free from defects in materials and/or workmanship, subject to normal usage and installation, for a period of 1-year from the date of shipment to the original purchaser. In the event of a claim under this warranty, UltraPlay Systems will replace the component at no cost within the !rst 12 months from date of shipment to the original customer. Equipment not speci!cally addressed in the following paragraphs is also subject to this limited 1 year warranty against defects in materials and/or workmanship.
TEN-YEAR LIMITED WARRANTY ON UPRIGHT POSTS
UltraPlay Systems provides a limited warranty on metal upright posts to be free from defects in materials or workmanship against structural failure which causes the product to become un!t for its intended use, subject to normal usage and installation, for a period of 10 years from the date of shipment to the original customer.
FIVE-YEAR LIMITED WARRANTY ON METAL PARTS
UltraPlay Systems provides a limited warranty on metal decks, steps, stairs, rails, pipes, support posts, rungs, loops, swing frame yokes and clamps to be free from defects in materials or workmanship against structural failure which causes the product to become un!t for its intended use, subject to normal usage and installation, for a period of 5 years from the date of shipment to the original customer.
FIVE-YEAR LIMITED WARRANTY ON GROUND-MOUNT METAL PARTS
UltraPlay Systems provides a limited warranty on metal footers, inground footers, surface mount plates, ground spikes, slide and climber mounting posts and plates to be free from defects in materials or workmanship against structural failure which causes the product to become un!t for its intended use, subject to normal usage and installation, for a period of 5 years from the date of shipment to the original customer.
THREE-YEAR LIMITED WARRANTY ON PLASTIC PARTS
UltraPlay Systems provides a limited warranty on the following plastic parts: slides, climbers, roofs, tunnels, bridges, panels and border timbers. These components are warranted to be free from defects in materials or workmanship, subject to normal usage and installation, for a period of 3 years from the date of shipment to the original customer.
ONE-YEAR LIMITED WARRANTY ON HARDWARE
UltraPlay Systems provides a limited warranty on hardware to be free from defects in materials or workmanship against structural failure due to breaking or shearing, subject to normal use and installation, for a period of 1 year from the date of shipment to the original customer.
ONE-YEAR LIMITED WARRANTY ON HDPE CLIMBERS AND HDPE SPRING RIDERS UltraPlay Systems provides a limited warranty on high density polyethylene (HDPE) climbers and spring riders against degradation for a period of 1 year from the date of shipment to the original customer.
ONE-YEAR LIMITED WARRANTY ON SPRING RIDER METAL PARTS
UltraPlay Systems provides a limited warranty on metal springs, bases and brackets of spring riders to be free from defects in materials or workmanship against structural failure which causes the product to become un!t for its intended use, subject to normal usage and installation, for a period of 1 year from the date of shipment to the original customer.
ONE-YEAR LIMITED WARRANTY ON STRAP AND TOT SEAT
UltraPlay Systems provides a 1 year limited warranty on strap and tot swing seats against structural failure that causes the seat to become un!t for its intended use. Additionally, chain, “S”- hooks and hangers are covered under a one-year limited warranty.
LIMITED WARRANTY ON SITE FURNISHINGS
UltraPlay Systems provides a !ve-year limited warranty on the !nish of thermoplastic coated site furnishings from the date of shipment to the original customer. Additionally, all site furnishings are guaranteed to be free from defects in materials or workmanship for one-year from the date of shipment to the original customer.
All warranties speci!cally exclude damage caused by man-made or natural disasters, vandalism, negligence, improper installation or improper use, modi!cation, changes in appearance resulting from weathering, scratches, dents, discoloration, normal wear and tear, or marring as a result of public or private use.
Claims are limited to replacement of equipment only and do not include any costs associated with labor, removal or installation of the original or replacement product.
Warranties are valid only if products are installed and maintained in accordance with UltraPlay installation instructions and use of approved parts.
This warranty is applicable to the original owner only. Warranties are non-transferable.
Claim Procedure: To make a warranty claim, send your written statement of claim, photographs of defective equipment along with the original purchase invoice or invoice number to:
UltraPlay Systems
Customer Service
1675 Locust Street
Red Bud, IL 62278
Or Contact a Customer Service Representative at:
1-800-458-5872
Within 60 days of notice of claim under warranty, UltraPlay Systems will make arrangements to replace the damaged product. UltraPlay Systems will cover freight costs within the continental United States. UltraPlay Systems is not responsible for freight costs associated with products located outside the continental United States. UltraPlay Systems reserves the right to inspect all products identi!ed as defective. Photos of defective equipment may be required to accompany warranty claims.
Since warranty limitations and exclusions may vary from state to state, you should check any speci!c warranty rights in your state.
Date of Purchase:_______________________
Purchaser:_____________________________
UltraPlay Invoice Number:________________
_________________________________________
Authorized UltraPlay Signature
_________________________________________
Title
Visit UltraPlay on the web at www.ultraplay.com & www.uplaytoday.com
UltraSite Warranty Created 1.2017
WARRANTY
UltraSite provides a limited warranty on site furnishing products. These warranties cover damage due to failure or corrosion of metal parts that cause the product to become structurally unfit for its intended use. The warranty covers the life of the product as defined below, and covers the product under normal use with proper maintenance, and at original installation location. See exclusions* (page 5).
THERMOPLASTIC COATED PRODUCTS
UltraSite provides a 5-year Limited Warranty on Thermoplastic coated site amenities.
UltraSite guarantees all items for one full year to be free of defects in workmanship or materials when installed and maintained properly. We agree to repair or replace any items determined to be defective. Items specifically not covered by this warranty include vandalism, man-made or natural disasters, lack of maintenance, normal weathering, or wear and tear due to public abuse.
Items damaged or lost in transit are the responsibility of the carrier, whether visible or concealed. It is the responsibility of the recipient to assure that the order is received complete. Before signing the delivery receipt, inspect the shipment immediately and completely. Note any damages or shortages on the bill of lading. Damage reports must be filed within 5 days. UltraSite is not responsible for damages or loss in transit. Title to all goods passes to the customer at the time of shipment. UltraSite will assist in filing claims if the freight arrangements were made by UltraSite at your request.
HARDWARE
UltraSite provides a lifetime limited warranty on hardware against structural failure due to breaking or shearing which causes the product to become structurally unfit for its intended use; a lifetime warranty on stainless steel hardware against rust; and a one-year limited warranty on hardware against rust. See exclusions. The lifetime warranty refers to the life of the product as defined below and covers the product under normal use and proper maintenance. The cost of replacement due to scratching or cutting of certain hardware plating is not included in this warranty.
RECYCLED PLASTIC LUMBER PRODUCTS
UltraSite provides a 5-year limited warranty on recycled plastic lumber products in normal applications against splintering, decay or structural damage directly from termites or fungal decay that causes the product to become structurally unfit for its intended use.
See exclusions* (page 5)
UltraSite Warranty Created 1.2017
UltraSite guarantees all materials and workmanship for 5-years on any product made completely from our 100% Recycled Plastic. The guarantee excludes vandalism, improper use, product alterations, misuse, negligence, accident, theft, corrosion caused by chemicals, ice or snow damage and acts of God.
IPE WOOD, RED STAINED WOOD, PRESSURE TREATED WOOD AND UNTREATED WOOD UltraSite provides a 1-year limited warranty on IPE wood, red stained wood, pressuretreated wood and untreated wood products against rotting, splintering, decay or structural damage directly from termites or fungal decay that causes the product to become structurally unfit for its intended use. Checking in the surface of planks are natural in all wood products and are not covered under this limited warranty. The guarantee excludes vandalism, improper use, product alterations, misuse, negligence, accident, theft, corrosion caused by chemicals, ice or snow damage and acts of God. Please follow the maintenance procedures as specified in the product maintenance guide.
LIMITED WARRANTY ON WATER FOUNTAINS AND DOG FOUNTAINS
UltraSite provides a 1-year limited warranty on all the water fountains and related components.
ULTRASHADE STRUCTURES
UltraShade warrants that the shade structure sold will be free from defects in materials under intended use for a period of 10-yearsfrom the date of delivery (Structure & Fabric).
UltraShade and its suppliers will be liable for repair or replacement of materials found to be defective. The repair or replacement of materials shall be at the expense of UltraShade.
This warranty is in effect only if the structure has been assembled and installed in accordance with the UltraShade’s installation drawings, and has been subjected only to normal intended use and exposure. UltraShade shall not be responsible for delays due to missing, stolen or non-conforming parts. Any rework/retrofit of non-conforming part must be authorized by UltraShade. This limited warranty is void if any damage has resulted from abnormal use, abuse, accident, vandalism, maintenance, misapplication, service or modification by someone other than UltraShade, authorized dealers, or authorized installers.
This limited warranty excludes color fading of structure within 10 miles of any area retaining salt water. Any replacement part issued during original warranty period is warranted for the remaining original warranty period or 6 months, whichever is longer.
UltraSite Warranty Created 1.2017
Shade fabrics carry a 10-year limited manufacturer’s warranty from the date of assembly, against failure from significant fading, deterioration, breakdown, mildew, outdoor heat, cold or discoloration, with the exception of Red, which carry a 3-year limited warranty.
Should the fabric need to be replaced under the warranty, UltraShade will manufacture and ship a new fabric at no charge for the first 6 years, thereafter pro-rated over the last 4 years.
This warranty shall be void if damage to the fabric is caused by contact with chemical, misuse, vandalism, any Act of God (ie. Hurricane, tornado, micro/macroburst), including, but not limited to, ice, snow, or wind in excess of the applicable building code parameters.
Fabric tops are warranted for wind/gusts up to 90mph and prior to snow or ice accumulation. The warranty will be voided if any modification or attachment is made to the rafter(s). The fabric will wear/tear should any object be placed between the rafter and fabric, voiding the warranty.
The warranty will only be applicable to the repair or replacement of defective materials.
UltraShade reserves the right, in cases where certain fabric colors have been discontinued, to offer the customer a choice of available colors to replace the warranted fabric of the discontinued color. UltraShade does not warrant any particular color will be available for any period of time, and reserves the right to discontinue any color for any reason, without recourse by the owner of the discontinued fabric color.
NOTE: ShadesureTM fabric warranties cover fabric tops up to 40’ in length.
Fabric tops over 40’ in length are covered by a non-prorated 5-year warranty.
UltraShade warranties its sewing thread for a period of 8 years.
The thread will be free from defects in material/workmanship and will not be damaged by exposure to the sunlight, weather or water.
All labor for the removal, assembly and/or freight will be for the customer’s account and the warranty will only be applicable to the repair or replacement of the defective material.
In the event of a claim of defect in materials, UltraShade shall be placed on notice of defect in writing, delivered to UltraShade at the address indicated below, within 30 calendar days from discovery of the defect. No later than 30 days from the date of receipt of the notice, UltraShade will determine whether to repair or to replace defective materials. UltraShade, disclaims all other warranties, expressed or implied, including any supplementary materials required for the shade installation.
UltraSite Warranty Created 1.2017
ULTRASHELTER
UltraShelter warrants that the shelter sold will be free from defects in materials under intended use for a period of 10-years from the date of delivery. UltraShelter and its suppliers will be liable for repair or replacement of materials found to be defective. The repair or replacement of materials shall be at the expense of UltraShelter.
This warranty is in effect only if the structure has been assembled and installed in accordance with UltraShelter’s installation drawings, and has been subjected only to normal intended use and exposure. Pre-finished metal roof surfaces, performance shall be the responsibility of the metal finisher. UltraShelter assumes no warranties with regard to finish durability.
UltraShelter shall not be responsible for delays due to missing, stolen, or non-conforming parts. Any rework/retro-fit of non-conforming parts must be authorized by UltraShelter.
This limited warranty is void if any damage has resulted from abnormal use, abuse, accident, vandalism, maintenance or lack of maintenance, misapplication, service, or modification by someone other than UltraShelter, authorized dealers, or authorized installers.
This limited warranty excludes color fading of structure within 10 miles of any area retaining salt water. Any replacement part issued during original warranty period is warranted for the remaining original warranty period or 6 months, whichever is longer.
In the event of a claim of defect in materials, UltraShelter shall be placed on notice of defect in writing, delivered to UltraShelter at the address indicated below, within 30 calendar days from discovery of the defect. No later than 30 days from the date of receipt of the notice, UltraShelter will determine whether to repair or to replace defective materials. UltraShelter, disclaims all other warranties, expressed or implied, including any supplementary materials required for the shelter installation.
ACTIONFIT PRODUCTS
UltraSite offers 10-year limited warranty on steel posts, stainless steel posts, welds, bars and metal accessories excluding cycle parts, and cosmetic damage or defects. A 5-year limited warranty on Stainless damper module and aluminum cycle cover, with the exclusion of cosmetic damage or defects. 2-year limited warranty on Bearings, damper, plastics, rubber parts, and some cycle parts including pedal and shaft, with the exclusion of cosmetic damage or defects. 1-year limited warranty on Rib belt of cycle, with the exclusion of cosmetic damage or defects.
UltraSite Warranty Created 1.2017
ALL OTHER PRODUCTS
UltraSite offers 1-year limited warranty on all other products.
For the purpose of this warranty, lifetime encompasses no specific term of years, but rather that Seller warrants to its original customer for as long as the original customer owns the Product and uses the Product for its intended purpose that the Product and all parts will be free from defects in material and manufacturing workmanship.
UltraSite excludes from these warranties the cost to remove parts and reinstall replacements; replacement due to cosmetic defects or coating deterioration caused by climatic conditions; and wood replacement resulting from twisting, warping, checking, shrinking, swelling or other natural physical properties of wood.
To the extent permitted by law, these warranties are expressly in lieu of any other implied or expressed warranties or representation by any person, including any implied warranty of merchantability or fitness. These warranties provide valuable rights to you.
No Sales Representative can modify or amend the terms of this warranty.
CANCELLATIONS AND RETURNS
Cancellations are only accepted with approval of UltraSite. No merchandise shall be returned without a Return Goods Authorization number which is issued by customer service. Any authorized merchandise must be carefully packed and received in saleable condition. A restocking charge of up to 25% will be applied to all returned goods and 50% charge will be applied to all the UltaShade and UltraShelter products when the error is not the fault of UltraSite. All returns must be shipped freight prepaid.
EXCLUSION
The guarantee excludes vandalism, improper use, product alterations, misuse, negligence, accident, theft, corrosion caused by chemicals, ice or snow damage and acts of God.
UltraSite
1675 Locust St.
Red Bud, IL 62278
800.458.5872
UltraSite Warranty Created 1.2017
Claim Procedure
To make a warranty claim, send your written statement of claim, along with the original purchase invoice or invoice number to:
UltraSite Customer Service
1675 Locust St.
Red Bud, IL 62278
800.458.5872
Within 60 days of notice of claim under warranty, UltraSite will make arrangements to replace the damaged product. UltraSite will cover freight costs within the continental United States. UltraSite is not responsible for freight costs associated with products located outside the continental United States. UltraSite reserves the right to inspect all products identified as damaged.
Since warranty limitations and exclusions may vary from state to state, you should check any specific warranty rights in your state.
Date of Purchase: _______________________
Purchaser: _____________________________
UltraSite Invoice Number: _________________
__________________________________
Authorized UltraSite Signature
_________________________________________
Title
See UltraSite on the web at www.ultra-site.com
Warranty Statement
Warranty
Fountain People, Inc. shall warrant all properly installed and maintained Water Odyssey™ equipment (excluding start-up, the warranty shall extend for 18 months from date of shipment or one year from date of start-up, whichever Special Provisions
The following equipment shall be warranted for the terms noted when properly installed and maintained:
Structural Pipe:
warranted against structural failure for a period of 25 years.
ColorCast™ Accents: Shall be warranted for a period of 2 years against fading or cracking under normal environmental Nozzles: Brass or stainless steel, 5 Years. PVC nozzles, 2 years.
Polyurethane Components (including Fun Forms™) shall be warranted for a period of 2 Years.
Water Odyssey™ Dynamic Sequencing Control Module 02-6210, Valve Boxes and Fiberglass Components shall be warranted against defects for a period of 3 years. All DSC Controller components, other than the 02-6210 module, are warranted for 1 year.
Operator’s Guide using original manufacturers parts.
Exclusions
People, Inc. Nor does this warranty cover labor, freight charges, or incidental materials required to implement repairs.
Inc. Fountain People, Inc. will not accept liability for any costs associated with the removal or replacement of equipment in expressed or implied, exists beyond that included in this statement.
Water Odyssey™ by Fountain People | P.O. Box 807 San Marcos, TX 78667 | P: 512-.392.1155 | waterodyssey.com
Contract No. 2017001134
Vendor No. 121531
29 EXHIBIT F
SCOPE OF WORK
The following Scope of Work is an Exhibit to and is incorporated into the Contract to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the “Contract”) between the City of Charlotte and Playcore Wisconsin, Inc. d/b/a GameTime.
4. SCOPE OF SERVICES.
4.1 General Scope.
The Company shall provide various Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services that meets or exceeds the following requirements to the City and Participating Public Agencies nationwide.
Participating Public Agencies may have additional specific requirements that might not be a requirement of the Lead Public Agency. The Company agrees to provide additional information or documentation to Participating Public Agencies as may be required per the Master Intergovernmental Cooperative Purchasing Agreement (between the Lead Public Agency and the Participating Public Agency).
4.2 Product Standards and Guidelines.
It is essential that all Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services be in compliance with all current and applicable Consumer Product Safety Commission (CPSC), Americans with Disabilities Act (ADA) and ADA Accessibility Guidelines (ADAAG), and ASTM Standards and other applicable laws and regulations in the state of North Carolina or in accordance with the laws and applicable purchasing policies of the State and locality where the Participating Public Agencies exists.
Manufacturers must be a member of the International Play Equipment Manufacturers Association (IPEMA) and ISO 9001 and 14001 certified. All equipment must be IPEMA Certified and meet all current American Society of Testing and Materials (ASTM), Consumer Product Safety Commission (CPSC), and IPEMA standards.
4.2.1 American Society for Testing and Materials (ASTM):
ASTM-F1487- 11 Standard Consumer Safety Performance
Specification for Playground Equipment for
Public use.
ASTM-F1292-13 Standard Specification for Impact Attenuation of Surface Systems within the Use Zone of
Playground Equipment.
ASTM 1951-09 Standard Specifications for Determination of Surface Systems Under and Around Playground
Equipment.
Contract No. 2017001134
Vendor No. 121531
30 ASTM F2049-11 Fences/Barriers for Public, Commercial, and Multifamily Residential Use Outdoor Play
Areas.
ASTM F2075 Standard Specifications for Engineered Wood
Fiber for Use as a Playground Safety Surface
and Around Playground Equipment.
4.2.2 Printed Handbook for Public Playground Safety (CPSC) Equipment must meet all guidelines stated in the “Handbook for Public Safety” published by the Consumer Product Safety Commission. Copies of publication No. 325 may be obtained from U.S. Consumer Product Safety Commission, Washington, DC 20207.
4.2.3 International Play Equipment Manufacturers Association (IPEMA) IPEMA provides third-party Product Certification services for U.S. and Canadian public play equipment and U.S. public play surfacing materials.
The services provide for the validation of a participant’s certification of conformance to the standards referenced above. Both certifications are administered by Detroit Testing Laboratory, Inc. For more information on certification and membership, visit IPEMA’s website at: www.ipema.org.
All equipment must be IPEMA Certified. Certification must be included with your proposal submission.
4.3 Environmental Purchasing Requirements.
The Company must provide documentation of their environmental sustainability policies, measures, and initiatives with their Proposal response per Section 2.6.15 and Section 7 - U.S. Communities Requirements of this RFP.
4.4 New Products and Services.
New Products and Services may be added to the resulting Contract(s) during the term of the Contract by written amendment, to the extent that those Products and Services are within the scope of this RFP and include, but will not be limited to, new Product added to the Manufacturer’s listing offerings, and services which reflect new technology and improved functionality. All requests are subject to review and approval of the City of Charlotte.
4.5 Replacement Parts.
The Company must stock replacement parts for a minimum of 15 years on all play systems and provide parts within two (2) weeks (14 calendar days) from the time an order is placed by the Participating Public Agency.
4.6 Surfacing Material.
Surfacing Material must meet all guidelines stated in the Handbook for Public Playground Safety, and most current versions of ASTM-F1292-13, F2075-15, F3012- 14, and all other applicable ASTM standards and guidelines as certified by an independent laboratory conforming to IPEMA safety standards as identified for the playground industry.
Contract No. 2017001134
Vendor No. 121531
31 4.7 Installation.
All Products provided under this Contract that require assembly and installation should be performed by the awarded manufacturers’ certified installers. Company must provide the names and addresses of each certified installer/subcontractor by geographical area.
All work must be performed according to the standards established by the terms, specifications, drawings, and construction notes for each project, and meet manufacturer’s specifications and industry standards. It shall be the obligation of the Installer to obtain clarification from the Project Coordinator concerning questions or conflicts in the specifications, drawings and construction notes in a timely manner as to not delay the progress of the work.
4.8 Design.
The Company must have the capability to recommend and design appropriate play systems/structures to fit the need of the site for age groups to be determined by Participating Public Agency. Company must provide drawings (plan and elevation) of all pertinent aspects of the play equipment and its method of connection to the work. Final playground layout drawings shall be to scale and legible and must show location of play equipment and dimensions of use zones. All designs shall indicate ADA accessible routes, and percentage of ADA accessible components.
4.9 Project Management.
The Company must have the ability to provide project management services to help Participating Agencies complete their projects on-time and within budget.
4.10 Safety.
The Company and installers or subcontractors performing services for CharlotteMecklenburg are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. The Company and subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract.
4.11 Literature and Catalogs.
The Company will be required to furnish and/or update all price lists, listings, color charts and other literature as requested within fifteen (15) days after notification of award. All catalogs may be electronic versions.
4.12 Warranty.
The Company should address each of the following:
1. Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period.
2. Warranty period start date. The City desires the warranty start at the time of substantial completion.
3. Availability of replacement parts.
4. Life expectancy of equipment under normal use.
5. Detailed information as to proposed return policy on all equipment.
4.13 Lead Time and Delivery.
Contract No. 2017001134
Vendor No. 121531
32 1. Company must provide a four (4) week lead time on standard product, unlimited configurations, with no up charge.
2. Deliveries may be made typically between the hours of 8:30 a.m. and 3:30 p.m., local time, on regular business days unless other arrangements have been made.
Delivery location shall be stated on each purchase order issued by Participating Agencies.
3. The Company will ensure that all items are delivered fully assembled or assembled by vendor or its designated subcontractor on site as may be designated by the Participating Public Agency. The Company will assure that all items are packed in accordance with prevailing commercial practices and delivered and assembled and installed in the first class condition.
4. When the purchase order calls for delivery to a specific location (other than door delivery) the vendor will deliver in accordance with the delivery instructions provided by the Participating Public Agency and shall perform inside delivery, assembly, set in place in proper location, make ready for use and remove all debris.
5. The Company shall authorize immediate replacement of any item that has been damaged in transit.
6. If deliveries are required in the evenings or weekends, or designated holidays, special installation charges will be negotiated. It is expected that the pricing will be fair and reasonable based upon specific requirements.
4.14 Optional Work.
Company will be required to provide quotations on a case-by-case basis for optional related work such as, but not limited to, removal and/or reinstallation of Playground & Fitness Equipment, timbers, and fencing as may be required to provide a full turnkey solution to Participating Public Agencies.
4.15 Material Specifications.
Equipment material specifications may vary between cities, counties, schools and states. Each Participating Entity will provide required specifications to include, but not be limited to, acceptable material, finish, diameters, thickness, gage, and angles of all components when placing orders or as necessary.
4.16 Additional Requirements.
The Company may be required and agrees to comply with additional state, or local laws and policies of the individual Participating Public Agencies.
4.17 Performance Bond.
The Company may be required to provide a performance bond as required by Participating Public Agencies for each project as required by local or state laws and policies.
4.18 Reports.
The Company must maintain all records in compliance with federal and state regulations. A statistical report and an annual tabulated report must be submitted electronically to the Lead Public Agency upon request.
4.19 Pricing.
The Company must submit a cost proposal fully supported by data adequate to establish the reasonableness of the proposed fee. One (1) firm fixed percentage
Contract No. 2017001134
Vendor No. 121531
33 discount off of a verifiable list price for each category (defined in Section 1.3): 1) Playground Equipment (including components, replacement parts); 2) Outdoor Fitness Equipment: 3) Site Accessories; 4) Surfacing Materials; and 5) all other related Products (Shade Structures, Skate Parks, and other categorized Products); and 6) Services offered by the Company, for the life of the contract is preferred.
Prices must include manufacturer mark up, profit, item cost and storage to allow each customer the ability to calculate and verify discount. All manufacturer price lists must be identified in the Proposal response.
Proposals must include an itemized list of any Products and Services that the Company intends to include in the Master Agreement and assume responsibility for as prime contractor, but are offered by the individual authorized distributors and not included in the Company’s catalog. The list must identify the distributors name and location that offers each product and service included. The Company shall be the prime contractor and remain solely responsible for contractual performance, and reporting, per Section 2.6.7 of this RFP for any Products and Services offered by the authorized distributor.
Proposals shall not include Products and Services the Company does not intend to offer, or take responsibility for, as prime contractor.
4.19.1 Volume Discounts: Please include any volume discounts offered to the Lead Public Agency and Participating Public Agencies.
4.19.2 Rebates: Please include any rebates offered to Lead Public Agency and Participating Public Agencies..
4.19.3 Product, Design and Price Comparison.
For comparison purposes only, the Company must provide the following information for the three (3) sample playground designs included in Section 6, Form 4:
1. Cost breakdown of all components using proposed discounts and list prices;
2. Manufacturer Price List ID
3. Three dimensional drawings
4. Number of kids that can use the playground;
5. Total number of play components:
• Number of ground level components
• Number of accessible ground level components
• Number of elevated components
• Number of accessible elevated components
6. Play Structure Size
7. Deck Sizes
8. Diameter of Uprights
9. Color options
10. Minimum time needed from date of design to delivery of equipment.
Contract No. 2017001134
Vendor No. 121531
34 4.20 Installation.
Company response must include a defined installation fee program. If a percentage of total dollar amounts of each order are proposed, the Company must submit one (1) fixed percentage for all installation services for all Participating Public Agencies, regardless of location, for the life of the contract.
4.21 Shipping and Delivery.
Company must include a defined shipping program with their Proposal responses. If shipping is charged separately, only the actual cost of the freight may be added to an invoice. Shipping charges calculated as a percentage of the product price cannot be used.
1. Unless specifically stated otherwise in the “Shipping Program” included in the Company’s Proposal response, all prices quoted must be F.O.B. destination with freight prepaid by the Company.
2. Additional costs for expedited deliveries may be added.
3. Selection of a carrier for shipment will be the option of the Participating Public Agency paying for said shipping.
4.22 Price Adjustments.
All proposed pricing shall remain firm through December 31, 2017. Company may request price increases for consideration at least sixty (60) days prior to each anniversary of the Contract effective date. All requests must be submitted in writing to City of Charlotte Procurement Management along with documentation of bona fide materials and labor increases for the cost of Products. No adjustments shall be made to compensate a Company for inefficiency in operation or for additional profit.
Price decreases shall be accepted at any time during the term of the contract.
4.23 References.
Proposals must include a minimum of five (5) customer references (see Section 6, Form 7) that Company has provided products and services similar to those outlined in this RFP.
4.24 Prevailing Wages.
Company must comply with the prevailing wage requirements of each state. Please include any exceptions to this requirement in your proposal response, per Section
2.6.12 of the RFP.
Contract No. 2017001134
Vendor No. 121531
35 EXHIBIT G
U.S. COMMUNITIES ADMINISTRATIVE AGREEMENT
The following U.S. Communities Administrative Agreement is an Exhibit to and is incorporated into the Contract to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the “Contract”) between the City of Charlotte and Playcore Wisconsin, Inc. d/b/a GameTime.
Contract#:2017001134
Amendment#: 2
Vendor#: 121531
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
SECOND AMENDMENT TO THE AGREEMENT TO PROVIDE
PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND
RELATED PRODUCTS AND SERVICES
THIS SECOND AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND OUTDOOR
FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES (this "First Amendment") is made and entered into this 3rd day of May 2018, by and between Playcore Wisconsin, Inc. d/b/a GameTime, a corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City").
Statement of Background and Intent
A. The City of Charlotte and the Company entered into an Agreement dated July 1, 2017 (the "Contract") pursuant to which the Company agreed to provide Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of Charlotte.
B. The City of Charlotte and the Company agreed to amend the contract on January 1, 2018 to incorporate unit price adjustments and freight rate adjustments.
C. The parties now desire to amend the Contract to make adjustments to unit pricing and to incorporate certain other changes.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree to the following:
AGREEMENT
1. The terms of the Contract are restated by and incorporated into this Second Amendment by reference.
2. Defined terms used in this Second Amendment shall have the same meaning as are assigned to such terms in the Contract.
3. This Second Amendment incorporates unit price adjustments as specified in Exhibit A (attached).
The aggregate increase of 3.6 percent (3.6%) due to increased tariffs on steel and aluminum imports shall become effective on all future Company orders as of May 3, 2018.
4. Except to the extent specifically provided above, this amendment shall not be interpreted or construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the Contract.
5. In all other respects and except as modified herein, the terms of the Contract shall remain in force and effect.
[Signature Page Follows]
GameTime May 3, 2018
2017001134-2
CITY OF CHARLOTTE:
CITY MANAGER'S OFFICE
OFFICE/D7PARTME T/DI ON
BY:
(signat re)
PRINT NAME: Of it /Cirri'
TITLE:
DATE: y/64)
Contract#: 2017001134
Amendment#: 2
Vendor#: 121531
IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each and every provision hereof, the parties have caused this First Amendment to be executed as of the date first written above.
Playcore Wisconsin, Inc. d/b/a GameTime
BY:
(signature)
PRINT NAME: Donald R. King
TITLE: Director of Sales Administration
DATE: April 3, 2018
CITY OF CHARLOT E:
INSURANCE AND' ZVIANAGEMENT
. BY: L-
(signature)
PRINT NAME: OJAI I 47Lee. 6,t,%01/i
TITLE: A 5 Mgr
DATE: 4AI 1 I 55
GameTime May 3, 2018
2017001134-2
Exhibit A
Price Adjustments Due to Steel and Aluminum Tariffs
Game Time May 3, 2018
2017001134-2
GAMETIME 2018 U.S. COMMUNITIES PRICE LIST 1805 ADJUSTMENTS
1.0 Park and Playground Equipment
1.1 GameTime Play Equipment (see
1.2 BigToys Play Equipment
1.3 Harmony Park Freenotes
1.4 Snug
1.5 UltraPlay
1.6 UltraPlay - Discovery Centers
1.7 UltraPlay- Early Play
1.8 UltraPlay - NatureRocks
2.0 Outdoor Fitness Equipment
2.1 GameTime Fitness
2.2 2.3 Colorado Time Systems
2.4 2.5 Everlast
2.6 Power Systems
3.0 Site Accessories
3.1 GameTime
3.2 Colorado Time Systems
3.3 Dero
3.4 GT Grandstands
3.5 N RS
3.6 GTShade
3.7 UltraShelter
3.8 UltraSite
4.0 Surfacing Materials
4.1 4.2
4.3 4.4 GameTime GTlmpax Safety
4.5 4.6
4.7 5.0 Related Products
5.1 Spectrum
5.2 Spohn Ranch
5.3 The Fountain People
5.4 UltraSite - BarkPark
5.5 Water Odyssey
6.0 Support Services
6.1 GameTime Sales Agencies
6.2 GameTime Sales Agencies
6.3 Playground Guardian
Playground Equipment Ages 2- 12 Years
EarlyWorks (6 months) & beyond
Musical Instruments
Early Childhood Play Equipment
Play Equipment
Play Equipment
Early Childhood Play Equipment
Climbing Rocks
Youth & Adult Fitness Apparatus
WaterFit Fitness Equipment
Aquadic Timing Systems
Track Timing Systems
Climbing Walls
Fitness Accessories
Park and Site Furnishings
Scoreboards
Bike Storage
Grandstands
Bleachers
Shade Structures
Shelter Structures
Site Furnishings & Accessories
Engineered Wood Fiber
Recycled Materials (Shredded)
Recycled Rubber Tiles
Poured-In-Place & Bonded Rubber
Artifical Turf
LifeFloor Safety Surfacing for Wet Floors
Surfacing Accessories
Pool Lifts & Aquatic Components
Skate Parks
Architectural Fountains
Dog Parks
Water Parks
Design & Project Management
Installation, Sitework, Layout, Repair,
Maintenance, Removal, Disposal
Safety Audits & Inspections
% of Change
3.6%
3.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
3.6%
0.0%
0.0%
0.0%
0.0%
0.0%
3.6%
0.0%
2.0%
3.0%
3.0%
3.6%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
Contract#:2017001134
Amendment#: 3
Vendor#: 121531
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
THIRD AMENDMENT TO THE AGREEMENT TO PROVIDE
PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND
RELATED PRODUCTS AND SERVICES
THIS THIRD AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND OUTDOOR
FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES (this "First Amendment") is made and entered into this 1st day of September 2018, by and between Playcore Wisconsin, Inc. d/b/a GameTime, a corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City").
Statement of Background and Intent
A. The City of Charlotte and the Company entered into an Agreement dated July 1, 2017 (the "Contract") pursuant to which the Company agreed to provide Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of Charlotte.
B. The City of Charlotte and the Company agreed to amend the contract on January 1, 2018 to incorporate unit price adjustments and freight rate adjustments.
C. The parties now desire to amend the Contract to make adjustments to unit pricing and to incorporate certain other changes.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree to the following:
AGREEMENT
1. The terms of the Contract are restated by and incorporated into this Second Amendment by reference.
2. Defined terms used in this Second Amendment shall have the same meaning as are assigned to such terms in the Contract.
3. This Third Amendment incorporates Federal Contract Terms and Conditions as Exhibit H and attached hereto, due to new laws and requirements, effective July 1, 2018.
4. Except to the extent specifically provided above, this amendment shall not be interpreted or construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the Contract.
5. In all other respects and except as modified herein, the terms of the Contract shall remain in force and effect.
(Signature Page Follows]
GameTime September 1, 2018
2017001134-3
BY:
(signature
PRINT NAME:
PRINT NAME:
TITLE
DATE:
Contract# 2017001134
Amendment#: 3
Vendor#: 121531
IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each and every provision hereof, the parties have caused this First Amendment to be executed as of the date first written above.
PLAYCORE WISCONSIN, INC. D/B/A GAMETIME
(signature)
PRINT NAME: Donald R. King
TITLE: Director of Sales Administration
DATE: August 17, 2018
CITY OF CHARLOTTE:
CITY MANAGER'S OFFICE
OFFICE/DEPARTMENT/DIVISION
TITLE: C 41+ Ognegl
DATE:
CITY OF CHARLOTTE:
INSURANCE AND RISK MANAGEMENT
GameTime September 1, 2018
2017001134-3
Contract#:2017001134
Amendment#: 3
Vendor#: 121531
Exhibit H
Federal Contract Terms and Conditions
This Exhibit is attached and incorporated into the Agreement to Provide Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services (the "Contract") between the City of Charlotte and Playcore Wisconsin, Inc. d/b/a GameTime.
Capitalized terms not defined in this Exhibit shall have the meanings assigned to such terms in the Contract. In the event of a conflict between this Exhibit and the terms of the main body of the Contract or any other exhibit or appendix, the terms of this Exhibit shall govern.
1. Debarment and Suspension. The Company represents and warrants that, as of the Effective Date of the Contract, neither the Company nor any subcontractor or subconsultant performing work under this Contract (at any tier) is included on the federally debarred bidder's list listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." If at any point during the Contract term the Company or any subcontractor or subconsultant performing work at any tier is included on the federally debarred bidder's list, the Company shall notify the City immediately.
2. Record Retention. The Company certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The Company further certifies that vendor will retain all records as required by 2 CFR § 200.333 for a period of three years after it receives City notice that the City has submitted final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
3. Procurement of Recovered Materials. The Company represents and warrants that in its performance under the Contract, the Company shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
4. Clean Air Act and Federal Water Pollution Control Act. Company agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA)
5. Energy Efficiency. The Company certifies that the Company will be in compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).
GameTime September 1, 2018
2017001134-3
Contract#:2017001134
Amendment#: 3
Vendor#: 121531
6. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Company certifies that:
a. No federal appropriated funds have been paid or will be paid, by or on behalf of the Company, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal Loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of and Federal contract, grant, loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the Company shall complete and submit Standard Form—LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). c. The Company shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
7. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). If the Contract is in excess of $100,000 and involves the employment of mechanics or laborers, the Company must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, the Company is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or purchases of transportation or transmission of intelligence.
8. Right to Inventions. If the federal award is a "funding agreement" under 37 CFR 401.2 and the City wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment of performance or experimental, developmental or research work thereunder, the City must comply with 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.
9. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). In its performance under the Contract, the Company shall comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, the Company is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, the Company is required to pay wages not less than once a week.
10. Copeland "Anti-Kickback" Act (40 U.S.C. 3145). In its performance under the Contract, the Company shall comply with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as GameTime September 1, 2018
2017001134-3
Contract#:2017001134
Amendment#: 3
Vendor#: 121531
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that the Company is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.
11. Equal Employment Opportunity. In its performance under the Contract, Company shall comply with the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."
Game Time September 1, 2018
2017001134-3
Contract#:2017001134
Amendment#: 4
Vendor#: 121531
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
FOURTH AMENDMENT TO THE AGREEMENT TO PROVIDE
PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND
RELATED PRODUCTS AND SERVICES
THIS FOURTH AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND OUTDOOR
FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES (this "First Amendment") is made and entered into this 1st day of January 2019, by and between Playcore Wisconsin, Inc. d/b/a GameTime, a corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City").
Statement of Background and Intent
A. The City of Charlotte and the Company entered into an Agreement dated July 1, 2017 (the "Contract") pursuant to which the Company agreed to provide Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of Charlotte.
B. The City of Charlotte and the Company agreed to amend the contract on January 1, 2018 to incorporate unit price adjustments and freight rate adjustments.
C. The City of Charlotte and the Company agreed to amend the contract on July 1, 2018 to incorporate unit price adjustments due to tariffs on steel and aluminum.
D. The City of Charlotte and the Company agreed to amend the contract on September 1, 2018 to incorporate federal contract terms and conditions.
E. The parties now desire to amend the Contract to make adjustments to unit pricing and to incorporate certain other changes.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree to the following:
AGREEMENT
1. The terms of the Contract are restated by and incorporated into this Second Amendment by reference.
2. Defined terms used in this Second Amendment shall have the same meaning as are assigned to such terms in the Contract.
3. This Fourth Amendment incorporates unit price adjustments as specified in Exhibit A (attached).
The aggregate increase of 3.1 percent (3.1%) as specified in Exhibit A and shall become effective on January 1, 2019.
4. This Fourth Amendment incorporates freight rate adjustments as specified in Exhibit D and becomes effective on January 1, 2019.
5. Except to the extent specifically provided above, this amendment shall not be interpreted or construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the Contract.
6. In all other respects and except as modified herein, the terms of the Contract shall remain in force and effect.
[Signature Page Follows]
GameTime January 1, 2019
2017001134-4
CITY OF CHARLOTTE:
CITY MANAGER'S OFFICE
OFFICE PA DI
BY:
(signature)
PRINT NAME: Sa(maTITLE:
DATE:
to S W /
et Eiric 3 sok!
Inn
VV
[2,( 13 (ft
PRINT NAME
TITLE:
DATE:
BY:
(signatu
Contract#:2017001134
Amendment#: 4
Vendor#: 121531
IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each and every provision hereof, the parties have caused this First Amendment to be executed as of the date first written above.
Playcore Wisconsin, Inc. d/b/a GameTime
-SgC
(signature)
PRINT NAME: Donald R. King
TITLE: Director of Sales Administration
DATE: December 4, 2018
CITY OF CHARLOTTE:
INSURANCE AN6a2ISK MANAGEMENT
GameTime January 1, 2019
2017001134-4
Exhibit A
Price Adjustments
Game Time January 1, 2019
2017001134-4
Contract#:2017001134
Amendment#: 5
Vendor#: 121531
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
FIFTH AMENDMENT TO THE AGREEMENT TO PROVIDE
PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND
RELATED PRODUCTS AND SERVICES
THIS FIFTH AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND OUTDOOR
FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES (this "First Amendment") is made and entered into this 1st day of April 2019, by and between Playcore Wisconsin, Inc. d/b/a GameTime, a corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City").
Statement of Background and Intent
A. The City of Charlotte and the Company entered into an Agreement dated July 1, 2017 (the "Contract") pursuant to which the Company agreed to provide Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of Charlotte.
B. The City of Charlotte and the Company agreed to amend the contract on January 1, 2018 to incorporate unit price adjustments and freight rate adjustments.
C. The City of Charlotte and the Company agreed to amend the contract on July 1, 2018 to incorporate unit price adjustments due to tariffs on steel and aluminum.
D. The City of Charlotte and the Company agreed to amend the contract on September 1, 2018 to incorporate federal contract terms and conditions.
E. The City of Charlotte and the Company agreed to amend the contract on January 1, 2019 to incorporate price adjustments and freight rate adjustments.
F. The parties now desire to amend the Contract to incorporate certain other changes.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree to the following:
AGREEMENT
1. The terms of the Contract are restated by and incorporated into this Second Amendment by reference.
2. Defined terms used in this Fifth Amendment shall have the same meaning as are assigned to such terms in the Contract.
3. This Fifth Amendment incorporates new products and pricing as specified in Exhibit A (attached).
4. Except to the extent specifically provided above, this amendment shall not be interpreted or construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the Contract.
5. In all other respects and except as modified herein, the terms of the Contract shall remain in force and effect.
[Signature Page Follows]
GameTime April 1, 2019
2017001134-5
PRINT NAME: Donald R. King
TITLE: Director of Sales Administration
DATE: March 28, 2019
BY:
(signature)
BY:
(signature)
PRINT NAME:
TITLE:
DATE:
Contract#:2017001134
Amendment#: 5
Vendor#: 121531
IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each and every provision hereof, the parties have caused this First Amendment to be executed as of the date first written above.
Playcore Wisconsin, Inc. d/b/a GameTime CITY OF CHARLOTTE:
GameTime April 1, 2019
2017001134-5
Exhibit A
Revised 2019 Product and Price List #1904
Game Time April 1, 2019
2017001134-5
Contract#:2017001134
Amendment#: 6
Vendor#: 121531
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
SIXTH AMENDMENT TO THE AGREEMENT TO PROVIDE
PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND
RELATED PRODUCTS AND SERVICES
THIS SIXTH AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND OUTDOOR
FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES (this "First Amendment") is made and entered into this 1st day of January 2020 by and between Playcore Wisconsin, Inc. d/b/a GameTime, a corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City").
Statement of Background and Intent
A. The City of Charlotte and the Company entered into an Agreement dated July 1, 2017 (the "Contract") pursuant to which the Company agreed to provide Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of Charlotte.
B. The City of Charlotte and the Company agreed to amend the contract on January 1, 2018 to incorporate unit price adjustments and freight rate adjustments.
C. The City of Charlotte and the Company agreed to amend the contract on July 1, 2018 to incorporate unit price adjustments due to tariffs on steel and aluminum.
D. The City of Charlotte and the Company agreed to amend the contract on September 1, 2018 to incorporate federal contract terms and conditions.
E. The City of Charlotte and the Company agreed to amend the contract on January 1, 2019 to incorporate price adjustments and freight rate adjustments.
F. The City of Charlotte and the Company agreed to amend the contract on April 1, 2019 to incorporate new products and pricing.
G. The parties now desire to amend the Contract to incorporate certain other changes.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree to the following:
AGREEMENT
1. The terms of the Contract are restated by and incorporated into this Sixth Amendment by reference.
2. Defined terms used in this Sixth Amendment shall have the same meaning as are assigned to such terms in the Contract.
3. This Sixth Amendment incorporates price adjustments for an aggregate increase of 3.2% as specified in Exhibit A.
4. This Sixth Amendment incorporates freight rate adjustments as specified in Exhibit D.
5. Except to the extent specifically provided above, this amendment shall not be interpreted or construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the Contract.
GameTime January 1, 2020
2017001134-6
Contract#:2017001134
Amendment#: 6
Vendor#: 121531
6. In all other respects and except as modified herein, the terms of the Contract shall remain in force and effect.
(Signature Page Follows]
GameTime January 1, 2020
20170011346
Mayoe Wm ns /cat' in, Inc a GameTime
(sign ture)
PRINT NAME: Robert V. Barron
TITLE: Senior Vice President of Sales
DATE: 12/9/2019
CITY OF CHARLOTTE:
BY:
(signature
PRINT NAME:
TITLE:
DATE: 1 2 [
Contract#:2017001134
Amendment#: 6
Vendor#: 121531
IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each and every provision hereof, the parties have caused this First Amendment to be executed as of the date first written above.
GameTime January 1, 2020
2017001134-6
Contract#:2017001134
Amendment#: 6
Vendor#: 121531
Exhibit A
Revised 2020 Price List
GameTime January 1, 2020
2017001134-6
Contract #: 2017001134
Amendment #: 7
Vendor #: 121531
PLAYCORE WISCONSIN, INC. dba GAMETIME
AMENDMENT SEVEN
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
SEVENTH AMENDMENT TO THE AGREEMENT TO PROVIDE
PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING,
AND RELATED PRODUCTS AND SERVICES
THIS SEVENTH AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND
OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES (this “Seventh Amendment”) is made and entered into this 1st of January 2021, by and between Playcore Wisconsin, Inc. dba GameTime, a corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City").
Statement of Background and Intent
A. The City of Charlotte and the Company entered into an Agreement for Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services dated July 1, 2017 (the “Contract”) pursuant to which the Company agreed to provide Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of Charlotte.
B. The parties amended the Contract on January 1, 2018 to incorporate unit price adjustments and freight rate adjustments.
C. The parties amended the Contract on July 1, 2018 to incorporate unit price adjustments due to tariffs on steel and aluminum.
D. The parties amended the Contract on September 1, 2018 to incorporate federal contract terms and conditions.
E. The parties amended the Contract on January 1, 2019 to incorporate unit price adjustments and freight rate adjustments.
F. The parties amended the Contract on April 1, 2019 to incorporate new products and pricing.
G. The parties amended the Contract on January 1, 2020 to incorporate unit price adjustments and freight rate adjustments.
H. The parties now desire to amend the Contract to incorporate new products, price adjustments, freight rate adjustments, and certain other changes.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree to the following:
AGREEMEN T
1. The terms of the Contract are restated by and incorporated into this Seventh Amendment by reference.
2. Defined terms used in this Seventh Amendment shall have the same meaning as are assigned to such terms in the Contract.
3. This Seventh Amendment incorporates new products and price adjustments for an aggregate increase of 2.5% due to escalation in annual wage, operating overhead, and overall material costs including steel, aluminum, plastic resin, and fasteners as specified in Exhibit A. 1
Contract #: 2017001134
Amendment #: 7
Vendor #: 121531
PLAYCORE WISCONSIN, INC. dba GAMETIME
AMENDMENT SEVEN
4. This Seventh Amendment incorporates freight rate adjustments as specified in Exhibit D.
5. Except to the extent specifically provided above, this amendment shall not be interpreted or construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the Contract.
6. In all other respects and except as modified herein, the terms of the Contract shall remain in force and effect.
[Signature Page Follows]
2
December 22, 2020
Genetta N. Carothers
2017001134
Playground and Outdoor Fitness Equip., Site Accessories, Surfacing, & Products / Services Playcore Wisconsin, Inc. dba GameTime
121531
[email protected]
7 https://cnet/kbus/finance/Finance/pm/Pages/Contract-Review.aspx
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March 18, 2021
Genetta N. Carothers
2017001134
Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing and Related Products and Serv Playcore Wisconsin, Inc. dba GameTime
121531
[email protected]
8
Contract#: 2017001134
Amendment#: 9
Vendor#: 121531
PLAYCORE WISCONSIN, INC. dba GAMETIME 1
AMENDMENT NINE
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
NINTH AMENDMENT TO THE AGREEMENT TO PROVIDE
PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING,
AND RELATED PRODUCTS AND SERVICES
THIS NINTH AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND
OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES (this “Ninth Amendment”) is made and entered into this 17th of May 2021, by and between Playcore Wisconsin, Inc. dba GameTime, a corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City").
Statement of Background and Intent
A. The City of Charlotte and the Company entered into an Agreement for Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services dated July 1, 2017 (the “Contract”) pursuant to which the Company agreed to provide Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of Charlotte.
B. The parties amended the Contract on January 1, 2018 to incorporate unit price adjustments and freight rate adjustments.
C. The parties amended the Contract on July 1, 2018 to incorporate unit price adjustments due to tariffs on steel and aluminum.
D. The parties amended the Contract on September 1, 2018 to incorporate federal contract terms and conditions.
E. The parties amended the Contract on January 1, 2019 to incorporate unit price adjustments and freight rate adjustments.
F. The parties amended the Contract on April 1, 2019 to incorporate new products and pricing.
G. The parties amended the Contract on January 1, 2020 to incorporate unit price adjustments and freight rate adjustments.
H. The parties amended the Contract on January 1, 2021 to incorporate new products, price adjustments, and freight rate adjustments.
I. The parties amended the Contract on March 16, 2021 to incorporate a .
J. The parties now desire to amend the Contract to incorporate a material surcharge and to incorporate certain other changes.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree to the following:
AGREEMENT
1. The terms of the Contract are restated by and incorporated into this Ninth Amendment by reference.
Digital Contract Routing Form
Date Submitted:
Submitted by: Submitter email:
Contract #: Amendment #:
Contract Name:
Vendor Legal Name:
Vendor #:
The following signatures, once completed, shall be incorporated by reference into the contractual document identified above.
CITY OF CHARLOTTE: ACCOUNTS PAYABLE: __________________ This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal
Control Act.
The following individual has been designated by the City’s Chief Finance Officer to Pre-Audit this Contract on behalf of the City: ___________
May 25, 2021
Genetta N. Carothers
2017001134
Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products a Playcore Wisconsin, Inc. dba GameTime
121531
[email protected]
9 May 25, 2021
Genetta N. Carothers
2017001134
Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products a Playcore Wisconsin, Inc. dba GameTime
121531
[email protected]
9
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Contract#: 2017001134
Amendment#: 11
Vendor#: 121531
PLAYCORE WISCONSIN, INC. DBA GAMETIME
AMENDMENT ELEVEN
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
ELEVENTH AMENDMENT TO THE AGREEMENT TO PROVIDE
PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING,
AND RELATED PRODUCTS AND SERVICES
THIS ELEVENTH AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND
OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES (this “Eleventh Amendment”) is made and entered into this 1st of December 2021, by and between Playcore Wisconsin, Inc. dba GameTime, a corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City").
Statement of Background and Intent
A. The City of Charlotte and the Company entered into an Agreement for Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services dated July 1, 2017 (the “Contract”) pursuant to which the Company agreed to provide Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of Charlotte.
B. The parties amended the Contract on January 1, 2018 to incorporate unit price adjustments and freight rate adjustments.
C. The parties amended the Contract on July 1, 2018 to incorporate unit price adjustments due to tariffs on steel and aluminum.
D. The parties amended the Contract on September 1, 2018 to incorporate federal contract terms and conditions.
E. The parties amended the Contract on January 1, 2019 to incorporate unit price adjustments and freight rate adjustments.
F. The parties amended the Contract on April 1, 2019 to incorporate new products and pricing.
G. The parties amended the Contract on January 1, 2020 to incorporate unit price adjustments and freight rate adjustments.
H. The parties amended the Contract on January 1, 2021 to incorporate new products, unit price adjustments and freight rate adjustments.
I. The parties amended the Contract on March 16, 2021 to incorporate a % material surcharge.
J. The parties amended the Contract on May 17, 2021 to incorporate a % material surcharge.
K. The parties amended the Contract on July 14, 2021 to incorporate a % material surcharge.
L. The parties now desire to amend the Contract to add new Products and Services and to incorporate 2022 Master Price List and Freight Rate Schedule and certain other changes. 1
Contract#: 2017001134
Amendment#: 11
Vendor#: 121531
PLAYCORE WISCONSIN, INC. DBA GAMETIME
AMENDMENT ELEVEN
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree to the following:
AGREEMENT
1. The terms of the Contract are restated by and incorporated into this Eleventh Amendment by reference.
2. Defined terms used in this Eleventh Amendment shall have the same meaning as are assigned to such terms in the Contract.
3. The Pricing Sheets in Exhibit A of the Contract is hereby replaced in its entirety to the adjustments in the 2022 Master Price List which are attached hereto as Exhibit A.1.
4. The Freight Rate Schedules in Exhibit D of the Contract is hereby replaced in its entirety to the adjustments in the 2022 GameTime OMNIA Contract Freight Rates which are attached hereto as Exhibit D.1
5. Section 34 of the Contract (“Required By City Ordinance: Commercial Non-Discrimination”) is hereby replaced in its entirety as provided below:
REQUIRED BY CITY ORDINANCE: COMMERCIAL NON-DISCRIMINATION. Playcore Wisconsin, Inc. dba GameTime agrees to comply with the Non-Discrimination Policy set forth in Chapter 2, Article V of the Charlotte City Code, which is available for review at http://library.municode.com/index.aspx?clientId=19970 and incorporated herein by reference.
Playcore Wisconsin, Inc. dba GameTime consents to be bound by the award of any arbitration conducted thereunder.”
6. Except to the extent specifically provided above, this amendment shall not be interpreted or construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the Contract.
7. In all other respects and except as modified herein, the terms of the Contract shall remain in force and effect.
[Signature Page Follows]
2
Contract#: 2017001134
Amendment#: 11
Vendor#: 121531
PLAYCORE WISCONSIN, INC. DBA GAMETIME
AMENDMENT ELEVEN
IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each and every provision hereof, the parties have caused this Eleventh Amendment to be executed as of the date first written above.
PLAYCORE WISCONSIN, INC. CITY OF CHARLOTTE:
DBA GAMETIME CITY MANAGER’S OFFICE
BY: __________________________________ BY: __________________________________ (signature) (signature)
PRINT NAME: ________________________ PRINT NAME: ________________________ TITLE: _______________________________ TITLE: _______________________________ DATE: ________________________________ DATE: ________________________________ 3 Clint Whiteside
Manager of Sales Operations
11/30/2021
Digital Contract Routing Form
Non-Encumbered
Date Submitted:
Submitted by: Submitter email:
Contract #: Amendment #:
Contract Name:
Vendor Legal Name:
Vendor #:
The following signatures, once completed, shall be incorporated by reference into the contractual document identified above.
CITY OF CHARLOTTE: ACCOUNTS PAYABLE: __________________ This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal
Control Act.
The following individual has been designated by the City’s Chief Finance Officer to Pre-Audit this Contract on behalf of the City: ___________
December 13, 2021
Genetta N. Carothers
2017001134
Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing and Related Products a Playcore Wisconsin, Inc. dba GameTime
121531
[email protected]
11
Contract#: 2017001134
Amendment#: 12
Vendor#: 121531
PLAYCORE WISCONSIN, INC. DBA GAMETIME 1
AMENDMENT TWELVE
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
TWELFTH AMENDMENT TO THE AGREEMENT TO PROVIDE
PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING,
AND RELATED PRODUCTS AND SERVICES
THIS TWELFTH AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND
OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES (this “Twelfth Amendment”) is made and entered into this 1st of July 2022, by and between Playcore Wisconsin, Inc., dba GameTime an Alabama corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City").
Statement of Background and Intent
A. The City of Charlotte and the Company entered into an Agreement for Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services dated July 1, 2017 (the “Contract”) pursuant to which the Company agreed to provide Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of Charlotte.
B. The parties amended the Contract on January 1, 2018 to incorporate unit price adjustments and freight rate adjustments.
C. The parties amended the Contract on July 1, 2018 to incorporate unit price adjustments due to tariffs on steel and aluminum.
D. The parties amended the Contract on September 1, 2018 to incorporate federal contract terms and conditions.
E. The parties amended the Contract on January 1, 2019 to incorporate unit price adjustments and freight rate adjustments.
F. The parties amended the Contract on April 1, 2019 to incorporate new products and pricing.
G. The parties amended the Contract on January 1, 2020 to incorporate unit price adjustments and freight rate adjustments.
H. The parties amended the Contract on January 1, 2021 to incorporate new products, unit price adjustments and freight rate adjustments.
I. The parties amended the Contract on March 16, 2021 to incorporate a % material surcharge.
J. The parties amended the Contract on May 17, 2021 to incorporate a % material surcharge.
K. The parties amended the Contract on July 14, 2021 to incorporate a % material surcharge.
L. The parties amended the Contract on December 1, 2021 to add new Products and Services and to incorporate 2022 Master Price List and Freight Rate Schedule.
M. The parties now desire to amend the Contract to [extend the Term of the Contract by the first of two (2) two-year renewal terms and to incorporate certain other changes.
Contract#: 2017001134
Amendment#: 12
Vendor#: 121531
PLAYCORE WISCONSIN, INC. DBA GAMETIME 2
AMENDMENT TWELVE
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree to the following:
AGREEMENT
1. The terms of the Contract are restated by and incorporated into this Twelfth Amendment by reference.
2. Defined terms used in this Twelfth Amendment shall have the same meaning as are assigned to such terms in the Contract.
3. This Twelfth Amendment extends the Term of the Contract by the first of two (2) two-year renewal terms to expire on June 30, 2024.
4. Except to the extent specifically provided above, this amendment shall not be interpreted or construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the Contract.
5. In all other respects and except as modified herein, the terms of the Contract shall remain in force and effect.
[Signature Page Follows]
Contract#: 2017001134
Amendment#: 12
Vendor#: 121531
PLAYCORE WISCONSIN, INC. DBA GAMETIME 3
AMENDMENT TWELVE
IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each and every provision hereof, the parties have caused this Twelfth Amendment to be executed as of the date first written above.
PLAYCORE WISCONSIN, INC. CITY OF CHARLOTTE:
DBA GAMETIME CITY MANAGER’S OFFICE
BY: __________________________________ BY: __________________________________ (signature) (signature)
PRINT NAME: ________________________ PRINT NAME: ________________________ TITLE: _______________________________ TITLE: _______________________________ DATE: ________________________________ DATE: ________________________________ Clint Whiteside
Manager of Sales Operations
4/12/2022
Digital Contract Routing Form
Non-Encumbered
Date Submitted:
Submitted by: Submitter email:
Contract #: Amendment #:
Contract Name:
Vendor Legal Name:
Vendor #:
The following signatures, once completed, shall be incorporated by reference into the contractual document identified above.
CITY OF CHARLOTTE: ACCOUNTS PAYABLE: __________________ This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal
Control Act.
The following individual has been designated by the City’s Chief Finance Officer to Pre-Audit this Contract on behalf of the City: ___________
April 21, 2022
Genetta N. Carothers
2017001134
Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing and Related Products a Playcore Wisconsin, Inc. dba GameTime
121531
[email protected]
12
Proposal for
City of Maywood
Prepared by
04-05-2024
Job # 111594-01
Maywood Park Playground Option 3
805-910-5971 | gwpark.com
CUSTOM COLOR SELECTIONS
Project: Approved by:______________________________________ Surfacing:
CUSTOM COLORS:
ITEM COLOR ITEM COLOR ITEM COLOR
BASIC ACCENT/ARCH METAL ROOF ROTO TUBE PLASTIC ROOF HDPE 2 COLOR HDPE SHADE
DECKS RECYCLED LUMBER ROCK
HANDGRIP VISTAROPE
PRIMARY
NATURAL
Standard Colors Custom Colors
Total Elevated Play Components
Total Different Types Of Ground Level ComponentsTotal Accessible Ground Level Components ShownTotal Elevated Components Accessible By TransferTotal Elevated Play Components Accessible By Ramp Representative
This play
equipment is recommended for children ages
RequiredRequiredRequiredRequired
This drawing can be
scaled only when in an 18" x 24" format Minimum Area Required: Scale: Drawing Name: Date: This Unit includes play events and Drawn By: routes or travel specifically designed for special needs users. It is the opinion of the manufacturer that these play events and routes of travel conform to the accessibility requirements of the ADA (Americans with Disabilities Act) IMPORTANT: Soft resilient surfacing should be placed in the use zones of all equipment, as specified for each type of equipment, and at depths to meet the critical fall heights as specified by the U.S. consumer Product Safety Commission, ASTM standard F 1487 and Canadian Standard CAN/CSA-Z-614 C E R T I F I E D 150 PlayCore Drive SE Fort Payne, AL 35967 www.gametime.com 1 4 0 0 1 CERTIFIED Maywood Park City of Maywood Maywood, CA Great Western Recreation QL 02/28/2024 111594-01-Opt3 2-5, 5-12 - - 7/12- - 7/12 4/6 3/4 3/4 3/3 3/3 SALES REP BRANDON SEITZ 805-910-5971 [email protected]
City of Maywood
Attn: Jerry Gomez
4319 E Slauson Avenue
Maywood, CA 90270
Phone: (323) 562-5755
[email protected]
Ship to Zip 90270
Qty Part # Description List $ Selling $ Ext. Selling $
1 RDU GameTime - 2-5 Playground StructureReference Drawing #111594-01-Opt3$36,738.00 $27,973.52 $27,973.52 1 RDU GameTime - 5-12 Playground StructureReference Drawing #111594-01-Opt3$67,513.00 $51,978.22 $51,978.22 1 5178 GameTime - Welcome Sign (2-5) $748.00 $703.12 $703.12 1 5179 GameTime - Welcome Sign (5-12) $748.00 $703.12 $703.12 1 4253RP GameTime - Batter Up Climber, 3' $2,080.00 $2,080.00 $2,080.00 4 4254RP GameTime - Baseball Entryway Panel $1,640.00 $1,640.00 $6,560.00 1 582TSA Landmark Design GFRC - Baseball Climber $13,000.00 $13,000.00 $13,000.00 1 668TSA Landmark Design GFRC - Baseball Steppers, Set of 3- 24" dia x 12" each
$17,600.00 $17,600.00 $17,600.00
1 Shade
Sails
Custom Canopies - Shade SailsShade 1
41x35x34 tri
Shade 2
35x30 hypar
$9,450.00 $9,450.00 $9,450.00
1 INSTALL Other Products 1 - Mobilize equipment and materialsPrevailing Wages$1,925.00 $1,925.00 $1,925.00 1 INSTALL Other Products 1 - Demo and dispose of existing equipment and pour in place rubber surfacing. approximately 2,278 sqft.-
Prevailing Wages
$16,170.00 $16,170.00 $16,170.00
1 INSTALL Other Products 1 - Demo and dispose of existing concrete curb and walkway. approximately 25' linear feet of curb and 120 sqft. of sidewalk.- Prevailing Wages
$1,925.00 $1,925.00 $1,925.00
1 INSTALL Other Products 1 - Construction of concrete curb 25' linear feet.- Prevailing Wages
$1,285.00 $1,285.00 $1,285.00
1 INSTALL Other Products 1 - Cut, break, and remove 250 sqft of concretePrevailing Wages$2,310.00 $2,310.00 $2,310.00 1 INSTALL Other Products 1 - Prep and paint existing (6) posts.- Prevailing Wages
$3,080.00 $3,080.00 $3,080.00
1 INSTALL Other Products 1 - Installation only of gametime play equipment - refer to drawing 111594-01-opt 3-
Prevailing Wages
$45,950.00 $45,950.00 $45,950.00
1 INSTALL Other Products 1 - Install (2) new shade fabrics.- Prevailing Wages
$3,080.00 $3,080.00 $3,080.00
GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
04/08/2024
Quote #
111594-01-04
Maywood Park Playground Option 3
Qty Part # Description List $ Selling $ Ext. Selling $
2530 INSTALL Other Products 1 - Provide and install pour in place rubber surfacing. 50/50 black and standard color with aromatic binder. excludes designs and graphics. approximately 2,530 sqft. for an avg. cfh of 6'-
**List price $58,282.56, discounted per OMNIA Contract
Prevailing Wages
$18.89 $18.89 $47,791.70
Contract: OMNIA #2017001134 Sub Total $253,564.68
Estimated Freight $8,870.00
Tax $13,329.92
Total $275,764.60
Comments
Your Sales Rep is Brandon Seitz. Please reach out to Brandon at 805-910-5971 if you should have any questions regarding this quote.
Due to the volatility of freight costs, the freight pricing is subject to change at the time of order.
Pricing is subject to change. Request updated pricing when purchasing from quotes more than 30 days old. ***OPTIONAL-To include a Payment and Performance Bond, please add $4,215 plus tax if applicable.
Minimum Deposit of $10,160.50 required for custom GFRC items.
Shipping to site:
4801 E 58th St
Maywood, CA 90270
*Freight charges are based on listed zip code and are subject to change if shipping information changes. *Deposit may be required.
Permitting not included, unless otherwise noted.
Customer is responsible for offloading.
Prevailing Wages
Omnia #4001560
GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
04/08/2024
Quote #
111594-01-04
Maywood Park Playground Option 3
Remit Payment to:
GameTime
P.O. Box 680121
Fort Payne, AL 35968
Taxes:
All applicable taxes will be added at time of invoicing unless otherwise included or a tax-exempt certificate is provided.
If sales tax exempt, you must provide a copy of certificate to be considered exempt.
Prices:
FOB Factory.
Orders:
All orders shall be in writing by purchase order, contract, or similar document made out to PlayCore Wisconsin Inc., dba GameTime.
Standard GameTime equipment orders over $100,000 may require a deposit of 25% at the time of order and an additional 25% at or before order ships Standard orders with equipment, installation and surfacing are requested to be split billed.
Equipment, Taxes & Freight as noted above
Installation and Surfacing billed as completed and Due Upon Receipt.
Terms:
Cash With Order Discount (CWO): Orders for GameTime equipment paid in full at time of order via check, Electronic Funds Transfer (ACH or wire) are eligible for a three percent (3%) cash with order discount.
Payment via credit card: If you elect to pay by credit card, GameTime charges a 2.50% processing fee that is assessed on the amount of your payment. This fee is shown as a separate line item and included in the total amount charged to your credit card. You have the option to pay by check, ACH or Wire without any additional fees.
Credit terms are Net 30 days, subject to approval by the GameTime Credit Manager. A completed credit application must be submitted and approved prior to the order being received. Please allow at minimum 2 days for the credit review process. GameTime may also require:
Completed Project Information Sheet (if applicable)
Copies of Payment and Performance Bonds (if applicable) A 1.5% per month finance charge will be imposed on all past due invoices.
Retainage not accepted.
Orders under $5,000 require payment with order.
DIR# 1000015526 CSLB#855664
INSTALLATION CONDITIONS:
ACCESS: Site should be clear, level and allow for unrestricted access of trucks and machinery.
STORAGE: Customer is responsible for providing a secure location to off-load and store the equipment during the installation process. Once equipment has delivered to the site, the owner is responsible should theft or vandalism occur unless other arrangements are made and noted on the quotation.
FOOTER EXCAVATION: Installation pricing is based on footer excavation through earth/soil only. Customer shall be responsible for unknown conditions such as buried utilities (public & private), tree stumps, rock, or any concealed materials or conditions that may result in additional labor or materials cost.
UTILITIES: Owner is responsible for locating any private utilities.
ADDITIONAL COSTS: Pricing is based on a single mobilization for installation unless otherwise noted. Price includes ONLY what is stated in this quotation. If additional site work or specialized equipment is required, pricing is subject to change.
GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
04/08/2024
Quote #
111594-01-04
Maywood Park Playground Option 3
ACCEPTANCE OF QUOTATION:
Acceptance of this proposal indicates your agreement to the terms and conditions stated herein.
Purchase Amount: $275,764.60 Date: _______________________________ ________________________________________________________________ Signature
Please fill out this ORDER FORM, this is required to process the order.
GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
04/08/2024
Quote #
111594-01-04
Maywood Park Playground Option 3
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 14.
DATE: April 24, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: CALVIN KO, ASSISTANT PLANNER
SUBJECT: REVIEW OF THE CITY OF MAYWOOD'S 2023 (CALENDAR YEAR) HOUSING
ELEMENT ANNUAL PROGRESS REPORT
RECOMMENDATION:
Staff recommends that the City Council:
1) Receive and file the Housing Element Annual Progress Report for Calendar Year 2023; and 2) Direct staff to submit the attached report to the California Department of Housing and Community Development (HCD) as required by Title 25 of the California Code of Regulations.
BACKGROUND:
California law requires each city to adopt a comprehensive, long-term General Plan to guide the physical development of the incorporated city and land outside city boundaries that bears a relationship to its planning activities. The General Plan serves as an outline for future growth and development. As such, the General Plan contains policies and programs designed to provide decision-makers with a solid foundation for land use and development decisions.
State law requires the City to submit an Annual Housing Element Progress Report (APR) to show progress on the General Plan Housing Element every year. Even though the 6th Cycle Housing Element had not been certified in 2022, the city provided the number of units that were finalized during that reporting period by submitting a similar report. In October of 2022, the City Council adopted the Draft 2021-2029 6th Cycle Housing Element, one of the seven mandated elements in the City’s General Plan. The draft was submitted to HCD and it was reviewed and certified in December 2023. As part of the Housing Element, the Southern California Association of Governments (SCAG) assigns a Regional Housing Needs Allocation (RHNA) to each jurisdiction within its purview. The City of Maywood's share is 365 units in the 6th Cycle Housing Element. This report provides an update on the housing unit production towards the 6th Cycle numbers and implementation of the current housing programs, which is from January 1 through December 31, 2023. The 2023 Annual Housing Element Annual Progress Report is attached for City Council review.
DISCUSSION:
During the calendar year 2023, the City had a total of nine (9) finalized units that go towards the HCD numbers. These finalized projects consisted of nine (9) Accessory Dwelling Units (ADU). The owners on file for the finalized building permits were contacted to determine what income category these units fell into in the report. All nine (9) units are categorized as above moderate income levels as they are being utilized by family members, so there is no verification method. The income categories and number of units needed in these categories to meet the Regional Housing Needs Allocation for the 6th cycle are very low (55), low (47), moderate (55), and above moderate
(208) income levels. These categories are based on percentages of the area's median household income. Above moderate income is the highest level in the report and the level that the City of Maywood needs to build the most units.
In addition, there have been fourteen (14) ADU permits issued during the calendar year 2023; however, these have not been finalized and therefore are not included in the above count.
After review and upon direction by the City Council, the attached report will be submitted by staff to the California Department of Housing and Community Development (HCD) as required by Title 25 of the California Code of Regulations.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
There is no financial impact to the general fund for this item.
ATTACHMENT(S)
1. 2023 HCD Housing Report - City of Maywood
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 15.
DATE: April 24, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: MOHAMMAD MOSTAHKAMI, PE
SUBJECT: CONSIDERATION OF APPROVAL OF AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES, INC., FOR A TOTAL AMOUNT NOT-TO-EXCEED $109,795 FOR CONSTRUCTION ENGINEERING
SUPPORT FOR SLAUSON AVENUE AND ATLANTIC BOULEVARD CONGESTION
RELIEF IMPROVEMENTS PROJECT
RECOMMENDATION:
Staff recommends that the City Council Approve Amendment No. 3 to Professional Services Agreement with Stantec, for additional professional services for Slauson Avenue and Atlantic Boulevard Congestion Relief Improvements Project and authorize the City Manager to execute the Amendment No. 3 in an amount not-toexceed $109,795 in the form approved by the City Attorney.
BACKGROUND:
Slauson Corridor from Atlantic Avenue to Maywood Avenue is consistently congested and is need of congestion relief. Through a previous review, the City’s consultant, Stantec, recommended that the Atlantic Avenue and Slauson Avenue Intersection be widened and traffic signals along Slauson be upgraded to enhance traffic safety.
In 2020, staff requested and received funding approval for Project Approval and Environmental Documents (PA/ED) and Design Phase of the project from I-710 Technical Advisory Committee (TAC) and subsequently, received approval from the Metro Board. Consequently, the City and Metro entered into a Funding Agreement dated September 1, 2020, for $445,000 in Measure R funds, Highway Program. The Funding Agreement was amended to extend the design and environmental timeline on July 19, 2021.
On April 13, 2023, through a Request for Proposal process, the City Council approved a professional services agreement with Stantec Consulting services inc. for providing design, project approval and environmental documents (PA/ED) services. In May 2022, PA/ED and design phase commenced. Due to required additional professional services beyond the original scope of work, two amendments (one for right of way services and another for geotechnical services) were approved through the City Manager’s Administrative Authority and City Council approval on September 27, 2023, respectively. The total contract amount, including the two amendments with Stantec is $506,816.
DISCUSSION:
The project design and CEQA process are complete and the Right of Way acquisition process has begun.
To secure funding for the right of way and construction phases of the project staff made a presentation to II710 TAC on June 21, 2023, and requested funding in the amount of $6,973,150 which was approved by I-710 TAC and subsequently approved by the Metro Board on January 26, 2024. This brings the total Metro funds for this project to $7,418,150.
Upon conclusion of right of way acquisition, the construction phase will commence with advertising the project plans and specifications for construction bids, and it is essential that required construction engineering support and CEQA related monitoring services during construction phase are in place in advance. The attached Amendment No. 3 covers additional required support services including additional right of way support services, bidding phase support, construction engineering support services, preparation of record drawings as well as biological and paleontological monitoring services in compliance with required monitoring measures specified in the recently adopted CEQA Mitigated Negative Declaration.
Therefore, staff recommends that the City Council approve Amendment No. 3 to the Professional Services Agreement with Stantec for additional professional support services for the Slauson Avenue and Atlantic Boulevard Congestion Relief Improvement Project and further authorize City Manager to execute the Amendment.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
Funding for Amendment No. 3 with Stantec in an amount of not-to-exceed $109,795 will be covered through Metro Measure R Funding Agreement Amendment No. 2 and is based on reimbursement.
ATTACHMENT(S)
1. Amendment No 3 R
2. Maywood_Slauson_prop_4-16-24 Exhibit A
CONTRACT AMENDMENT NO. 3
Date: 04-16-24
Project: SLAUSON AVENUE AND ATLANTIC BOULEVARD CONGESTION RELIEF
IMPROVEMENTS
Contract: SLAUSON AVENUE AND ATLANTIC BOULEVARD CONGESTION RELIEF
IMPROVEMENTS
Address: 38 Technology, Suite 200, Irvine, CA 92618
Consultant: STANTEC CONSULTING SERVICES INC. (STANTEC)
Description of Work:
Additional coordination for the right-of-way transfer/acquisition process support services, bid and construction engineering support services, preparation of record drawings, and biological and paleontological monitoring services in compliance with CEQA Mitigated MND per Stantec Proposal dated April 16, 2024, attached herein as Exhibit A.
Contract Impact:
Original Contract Amount: $ 399,997.00
Net change by previously authorized Amendment: $106,819.00 Total Amended Contract Amount Prior to this Amendment: $506,816.00 This Amendment will increase the Contract Amount by $109,795.00 Total Amended Contract Amount $616,611.00
Effect on Schedule:
Increases/Decreases "time of completion" by 52 weeks
Completion date after this Amendment N/A
The Contractor is hereby authorized to proceed with this above-described work in accordance with the terms stated above and as set forth in the attached proposal. City and Contractor agree that the execution of this amendment by both parties constitutes a binding agreement and except as provided in this amendment, no adjustment in compensation or time of performance shall be made as a result of the changes(s) described in this amendment. Further, City and Contractor agree and acknowledge that the execution of this amendment constitutes a full and complete resolution of labor, materials, etc. related to the amendment detailed herein. Except as provided in this amendment, all terms and conditions of the contract and all prior amendment remain in full force and effect.
CONTRACTOR APPROVAL: CITY APPROVAL:
_________________________________ ________________________________ By: Mohammad, Heiat By: Jennifer E. Vasquez
Title: Project and Contract Manager Title: City Manager Date: Date:
Stantec Consulting Services Inc.
38 Technology Drive, Suite 200, Irvine CA 92618-5312
April 16, 2024
File: 2042639600
Attention: Ms. Jennifer Vasquez, City Manager
City of Maywood
City Clerk’s Office
4319 E. Slauson Avenue
Maywood, CA 90270
Dear Ms. Vasquez,
Reference: SLAUSON AVENUE AND ATLANTIC BOULEVARD CONGESTION RELIEF
IMPROVEMENTS - ADDITIONAL SERVICES
Thank you for the opportunity to submit this proposal for additional services for the Slauson Avenue and Atlantic Boulevard intersection improvement project. These services are required for the on-going coordination for the right-of-way transfer/acquisition process support services, bid and construction support services, preparation of record drawings and biological and paleontological monitoring (optional).
This proposal has been prepared according to our current contract for Preparation of PAED & PS&E for Slauson Avenue and Atlantic Boulevard Congestion Relief Improvements project.
We look forward to continuing our professional services relationship with you. If you have any questions or require additional information, please do not hesitate to contact myself or Jeff at the numbers listed below.
Regards,
Stantec Consulting Services Inc.
Mohammad Heiat PE
Project and Contract Manager
Phone: 949 923 6962
Cell: 949 322 8083
[email protected]
Jeff Wilkerson PE
Roadway Task Manager
Cell: 949 929 1449
[email protected]
2 Scope Of Work
The following tasks are included in the scope of work for this project:
Task 1 – Coordination and R/W Acquisition Support Services We will continue communication with the City and other agencies as necessary and attend meetings or conference calls with the City to discuss and resolve critical project issues. We will continue coordination for the preparation of appraisal reports to support the R/W transfer, including exhibits for City review and approval before acquisition of the proposed R/W from adjacent properties.
As part of this task, we will assist City staff in preparing necessary exhibits for presentation to City Council for approval of the appraisal offers in support of this project. Preparation of new or revisions to the legal descriptions and exhibit plats that already prepared for this project are excluded from this task.
Task 2 – Bid Engineering Support Services
We will provide support during the project bid period, including responding to questions from prospective bidders and preparing bid addenda to the plans and special provisions, as necessary.
Task 3 – Construction Engineering Support Services
During the project construction phase, we will attend the pre-construction meeting, job walk, and periodic job site meetings, as required. We can clarify design-related issues during construction, including responding to RFIs and shop drawing/submittal reviews. All clarifications will be subject to your construction manager’s approval. For this task, a total of 140 hours has been assumed for the project.
Task 4 – Record Drawings
We will prepare record drawings for the project using your preferred format. They will be based on redlines provided by your inspector and/or Contractor and will be supplemented with our own revisions noted during construction. We will provide you a PDF of the as-built drawings upon completion of construction.
Optional Items
Task 5 –Biological Monitoring
Stantec will be conducting nesting bird surveys and preparing/implementing an Environmental Awareness Training Program. Our proposed scope of work is described further, below.
Task 5.1 – Nesting Bird Surveys (MM BIO-1)
Because project construction will start during the recognized nesting bird season (Feb 15 – Sep 15), Stantec will provide a qualified biologist(s) to conduct three pre-construction surveys nesting bird surveys at the project site. The surveys will be conducted three days apart with the last survey no more than three days prior to the start of construction. The surveys will be conducted within 500 feet of all project areas. Should nesting birds be found, an exclusionary buffer will be established by the qualified biologist(s). The buffer may be up to 500 feet in diameter depending on the species of nesting bird found. This buffer will be depicted on a geographic information system (GIS) based figure.
Upon completion of the survey event, Stantec will provide a brief survey memorandum detailing the results of the surveys and a list of all species observed; the above referenced GIS figure will also be included (if active or inactive nests are found).
3 If an active nest(s) is found the nest must be monitored until the young have fledged or the nest is determined to no longer be active. Stantec has not provided scope for nest monitoring but can provide upon request.
Deliverables: Draft and Final Survey Memorandum
Task 5.2 – Environmental Awareness Training (MM BIO-2)
Stantec will conduct Worker Environmental Awareness Training (WEAP) for all contractor personnel that will be on-site during the course of the project. This will include the preparation of a WEAP presentation suitable for conducting the training tailgate style at the project site. This scope/cost includes one initial training event for all project personnel on the first day of construction or on a pre-determined date prior to the start of construction. Additional trainings beyond those described above would require additional scope and cost.
Stantec will maintain a sign-in-sheet/log of all personnel that receive the WEAP training.
Deliverables: Sign-in-sheet/log of WEAP trained personnel and digital copy of the WEAP presentation.
Assumptions
Stantec does not propose to conduct any protocol plant or wildlife surveys as part of this scope of work. This scope/cost does not include the monitoring of any active nests; Stantec can provide a separate scope and cost for these services upon request.
Stantec will respond to one round of consolidated comments on each the draft survey memorandum and the draft WEAP.
This scope assumes a total of one WEAP training event.
Task 6 – Paleontological Resources Monitoring Support
Stantec has developed the following scope of work to assist the City with paleontological mitigation services in compliance with the project’s paleontological mitigation measures. No state or federal permits, funding, or approvals are required for this paleontological mitigation support. All paleontological work described below will be conducted to the standards of the Society of Vertebrate Paleontology (SVP) by appropriately qualified paleontologists in order to reduce potential impacts to fossil resources to less-than-significant, in accordance with the CEQA Appendix G checklist.
Task 6.1 – Paleontological Resources Monitoring and Mitigation Plan (PRMMP) Stantec will use existing paleontological resources studies and geotechnical studies to develop a PRMMP tailored to project plans designed to reduce potential impacts to paleontological resources to a less-thansignificant level. The plan shall include a description of the planned work; a description of the level of monitoring required for all ground-disturbing activities throughout the project area, including any necessary sampling for small fossils; guidelines for a worker training program; and methodologies to be followed in the event of a fossil discovery, including: work stoppage or redirection; assessment of the find’s significance by a qualified paleontologist; documentation of fossils; salvage and curation of significant fossils; and the appropriate level of reporting following completion of ground disturbance.
Deliverable: One draft of PRMMP submitted electronically to the City for one round of comments and revision, followed by a final PRMMP.
Task 6.2 – Worker Environmental Awareness Program
Stantec will develop a paleontological WEAP training to be delivered to the construction crew by the paleontologist or their designee at a preconstruction meeting. This training will include information on the legal protection of fossil resources, the types of fossils that might be encountered in the project area during construction, steps to follow in the event of a fossil discovery, and safety information for working with
4 paleontological monitors on site. Training materials from the WEAP in the form of handouts will be provided to site personnel for future training of additional workers. A sign in sheet will be collected to document the training and attendees.
Deliverables: Handouts of the WEAP training for distribution to construction staff.
Task 6.3 – Paleontological Resources Monitoring
A Stantec paleontological monitor, working under the supervision of a paleontological principal investigator (PI), will conduct paleontological monitoring of ground disturbing activities that exceed 10 feet in depth across the project area, in accordance with the Project’s mitigation measures. The paleontological PI may reduce the level of monitoring should subsurface conditions indicate a low likelihood of fossil preservation.
Paleontological monitors will be equipped with data recording equipment (GPS, camera, etc.), basic fossil recovery equipment (hand tools, brushes, consolidant, jacketing materials), personal protective equipment as indicated for the project site, and will complete daily logs documenting construction activities, observations of subsurface conditions, and any communications with the crew. Monitoring will include inspection of exposed rock units and spoils piles during active excavations within sensitive geologic sediments.
Stantec has included costs for 10 days of paleontological monitoring to be conducted by a single monitor per day. Should additional monitoring or site visits by the PI be required, Stantec can provide them with a change order.
Task 6.4 – Paleontological Resources Monitoring Report
At the conclusion of ground disturbing activities, the paleontological PI will oversee drafting of a paleontological resource monitoring report (PRMR) that describes the monitoring program and results of the monitoring, including a summary of the daily field logs. For the purposes of costing, it is assumed that paleontological resources will not be encountered during project construction, and this will be a negative findings report.
Deliverables: One draft PRMR submitted to the City electronically for one round of comments, followed by a final PRMR submitted electronically.
Assumptions:
Stantec assumes one round of review for all deliverables, followed by electronic delivery of the final reports.
Stantec assumes an 8-hour on-site workday Monday through Friday with one additional hour of overtime for drive time and paperwork completion; no additional overtime (any work in excess of eight (8) hours per day or 40 hours per week), holiday, or weekend work is included. Stantec assumes that the results of monitoring will be negative, if paleontological resources are identified, the recordation, collection, identification, salvage, curation and analysis will be covered under a separate scope of work.
Stantec assumes WEAP training will require no more than four (4) hours to conduct in a single site visit and that no more than one (1) training will be required. Stantec assumes that the City will notify Stantec of the weekly excavation schedule with at least oneweek notice. Changes to the schedule with less than 24 hours’ notice may incur additional expenses.
Should the monitor report for scheduled work that has been cancelled without notification, 4 hours of work time and mileage will be billed.
No project-specific safety training or HAZWOPER training will be required for Stantec staff. Costs for the final PRMR are based on the assumed 10 days of onsite monitoring. Additional monitoring days will require additional reporting efforts, to be covered by a change order.
5 Fee
Our proposed fixed fee to complete Tasks 1 through 6 is $109,795 including the optional item, based on the breakdown of the fees shown in the attached Exhibit 1.
Exclusions
Items not specifically identified in the scope of service sections of this proposal are to be excluded from this work effort and would be considered additional services. Such services would include, but are not limited to, the following:
Plan revisions and additional exhibits or documents not specifically outlined herein. Construction Staking Services
New or Additional Boundary Monuments
Subdivision Mapping / Lot Line Adjustments / Certificates of Compliance Inspection and monitoring services, except as noted.
Slauson Ave and Atlantic Blvd
Additional Services
City of Maywood PIC, QA \ QC 17 Sr.Project Manager 16 Project Manager/Paleo P1 15 Project Engineer 13 Sr. GIS Tech/Paleo QC 12 GIS Tech 11 Asst Engieer/Project Coord 9 Paleo 1 08 Level 07 HSSE/Monitor 06 Hourly Rate $272 $263 $231 $196 $187 $181 $163 $152 $146 $138 1 Coordination and R/W Acquisition Support Services 24 14 20 12 70 $ 16,086 2 Bid Support Services 8 12 36 12 68 $ 14,344
3 Construction Support Services 40 48 40 12 140 $ 1,000 $ 34,300 4 Record Drawings 2 4 8 24 38 $ 7,076
$ -
$ -
$ -
74 78 104 60 316
$ 20,128 $ 20,514 $ 20,384 $ 9,780 $ 1,000 $ 71,806
OPTIONAL TASK
5.1 Biological Nesting Bird Surveys 1 6 30 26 63 $ 100 $ 10,135
5.2 Biological WEAP 2 1 8 4 15 $ 50 $ 2,645
6.1 Paleontological PRMMP 6 3 4 8 21 $ 3,887
6.2 Paleontological WEAP 3 2 6 11 $ 34 $ 1,859
6.3 Paleontological Monitoring Support 2 2 4 1 2 80 91 $ 335 $ 13,402
6.4 Paleontological PRM Report 8 3 4 12 8 35 $ 6,061
$ -
3 19 8 19 39 24 30 94 236
$ - $ 789 $ 4,389 $ - $ 1,496 $ 3,439 $ 6,357 $ 3,648 $ 4,380 $ 12,972 $ 519 $ 37,989 $ 21,303 20,128 $ 4,389 $ 20,384 $ 1,496 $ 3,439 $ 16,137 $ 3,648 $ 4,380 $ 12,972 $ - $ $ 109,795 Optional - Fee Subtotal
PROJECT TOTAL =
Hour Total
Fee Subtotal
Hour - Subtotal
Description
Consultant Services Total Hours Direct Cost/Reimb. Total Cost
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 16.
DATE: April 24, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: ROXANNE DIAZ, CITY ATTORNEY
SUBJECT: REINTRODUCTION AND WAIVER OF FULL READING OF ORDINANCE NO. 24-02 AN ORDINANCE OF THE CITY OF MAYWOOD ADDING SUBSECTION 4070.120 TO CHAPTER 4070 OF THE MAYWOOD ZONING ORDINANCE TO ESTABLISH
CRITERIA FOR ACCESSORY DWELLING UNITS
RECOMMENDATION:
Staff recommends the City Council reintroduce Ordinance No. 24-02 by title only and waive full reading of Ordinance 24-02, an Ordinance of the City of Maywood adding Section 4070.120 to Chapter 4070 of the Zoning Code to establish criteria for accessory dwelling units.
BACKGROUND:
This ordinance was introduced by the City Council at the February 28, 2024 City Council meeting. The ordinance amends the Maywood Zoning Code to add a new subsection 4070.120 to Chapter 4070 to establish criteria for accessory dwelling units (ADU) in the City.
DISCUSSION:
The proposed ordinance is before the City Council for re-introduction. After its first reading, staff determined that the ordinance included an additional sentence regarding locations of ADUs that should have been deleted.
Although this could be treated as a typographical error, staff is requesting that the ordinance be reintroduced.
LEGAL REVIEW:
The City Attorney prepared this report.
FISCAL IMPACT:
There is no fiscal impact with the approval of this report.
ATTACHMENT(S)
1. Ordinance 24-02 Accessory Dwelling Units
ORDINANCE NO. 24-02
AN ORDINANCE OF THE CITY OF MAYWOOD ADDING SUBSECTION
4070.120 TO SECTION 4070 OF THE MAYWOOD ZONING
ORDINANCE TO ESTABLISH CRITERIA FOR ACCESSORY DWELLING
UNITS
WHEREAS, the City of Maywood (“City”) desires to adopt an accessory dwelling unit ordinance reflecting the state legislative changes that went into effect on January 1, 2023, as enacted under SB 897 and AB 2221 regarding Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (“JADUs”) (“Zoning Ordinance”); and WHEREAS, the City desires to retain local control to the maximum extent permitted by California Government Code Section 65852.2; and
WHEREAS, ADUs and JADUs are a unique opportunity to provide much-needed affordable housing opportunities to address the ever-growing need for housing in Maywood and across the State; and
WHEREAS, the City of Maywood desires to adopt the Zoning Ordinance in order to establish criteria and a streamlined process for permitting accessory dwelling units and issuing permits as described in the title of this resolution;
WHEREAS, the proposed Zone Text Amendment has been fully evaluated and considered with respect to the City’s General Plan; and
WHEREAS, the Maywood Planning Commission conducted a noticed public hearing on January 30, 2024, at which time it received public testimony concerning Zone Text Amendment and recommend City Council approval;
WHEREAS, the Maywood City Council conducted a noticed public hearing on February 28, 2024, at which time it received public testimony concerning ZTA 24-01;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MAYWOOD DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 4070, “Development Standards Applicable To All Districts” is hereby amended to adopt a new Subsection which shall read as follows:
4070.120. – Accessory Dwelling Units and Junior Dwelling Units A. Purpose
The Purpose of this chapter is to establish the procedures for the development of Accessory Dwelling Units (ADUs) on lots zoned to allow single-family or multi-family dwelling residential uses in compliance with California Government Code Section 65852.150.
B. Definitions
1. Primary Dwelling is an existing or proposed residential structure and includes both livable and non-livable areas. Detached structures, such as a detached garage, are not considered part of the primary dwelling.
2. Accessory Dwelling Unit (“ADU”) means an attached, detached, or converted dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An ADU shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single- or multi-family primary dwelling. An ADU also includes the following: an efficiency unit as defined in Section 17958.1 of the Health and Safety Code and a manufactured home as defined in Section 18007 of the Health and Safety Code. Accessory dwelling units may be attached to the primary dwelling unit, detached from the primary dwelling unit, or involve the conversion of floor area of an existing structure.
3. ADU Ordinance means Chapter 4070.120 and all objective standards applicable to ADUs contained in Title 4070.120.
4. Detached ADU is an ADU that is within an independent structure entirely separate from the primary dwelling unit and other accessory structures.
5. Attached ADU is an ADU that is attached to the primary dwelling unit and constructed as a physical expansion of the primary dwelling unit.
6. Converted ADU is an ADU that is constructed within the walls of the primary dwelling unit or an existing detached structure (including the conversion of an existing attached or detached garage into an ADU).
7. Junior Accessory Dwelling (“JADU”) is a unit that is no more than 500 square feet in size an contained entirely within a single-family residence. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing dwelling unit. The JADU shall include a separate entrance from the main dwelling.
8. Accessory Structure means a structure that is accessory and incidental to a dwelling on the same lot.
C. General Provisions
1. Effect of Consistency
An ADU or JADU that conforms to the requirements of this chapter is:
a) Deemed consistent with the allowable density for the lot upon which such unit is proposed to be established.
b) Deemed consistent with the existing general plan and zoning designation for the lot.
2. Exceptions to Ministerial Review.
Discretionary review may be required for ADU and JADU applications that deviate from the objective standards of this chapter may still be permitted but shall not qualify for ministerial review. Such applications shall be subject to applicable design review, variance, and other entitlements pursuant to Title 4070.120.
3. Processing Time
Zoning plan check shall be required for compliance with applicable zoning regulations and applicable building and construction requirements as set forth in Title 8 (Buildings Regulations) and Title 6 (Sanitation and Health). a) Ministerial Review Time. Except as set forth in Paragraph (2) below, applications must be approved or denied within 60 days from the date the City receives a complete application if there is an existing single- or multi-family dwelling on the lot or the application shall be deemed approved. Where an application deviates from the objective standards of this Chapter, the application may be reviewed pursuant to the procedures of Section 4070.120 (C)(2) Exceptions to Ministerial Review.
b) If the applicant requests a delay, the 60-day period shall be tolled for the period of the delay.
c) Exception to Review Time. If the permit application to create a purely ministerial ADU or JADU is submitted with an application to construct a new dwelling, the following shall apply:
i. The ADU or JADU shall not be subject to the 60-day approval period but shall instead be subject to the approval period for the new dwelling. However, the ADU and JADU itself shall be considered without a public hearing. ii. An ADU or JADU may only be constructed concurrently with or after the construction of a new dwelling unit on the same lot. A certificate of occupancy for an ADU shall not be issued prior to the certificate of occupancy for the new primary dwelling unit.
d) The City shall not deny a permit to an unpermitted ADU or JADU that was constructed before January 1, 2018 due to violations of building standards or this chapter provided that correction of the violation is not necessary to protect the health and safety of the public or the occupants of the structure. This provision shall not apply to substandard buildings.
e) If the City denies an application for an ADU or JADU, a full set of comments shall be included with the denial listing the items that are defective of deficient and shall describe how the application can be remediated by the applicant.
4. Precedence in Provisions
Applications shall comply with the objective standards outlined in this Chapter and the zoning district in which the ADU or JADU is located. In the event of a conflict between the development standards set forth in the zone and the standards of this Chapter, the provisions of this chapter shall take precedence.
D. Development Standards
Unless a stated exception applies, ADUs and JADUs must comply with the development standards set forth in this section.
1. Location
ADUs and JADUs may only be located in the following locations:
Lots zoned to allow single- or multi-family dwelling residential use and that include an existing or proposed single- or multi-family dwelling.
2. Lot Area
There is no minimum lot area to establish an ADU or JADU.
3. Number of Units
A lot may have no more than one ADU (attached, detached, or converted) and one JADU, except for multi-family lots as described in Subsection (4)(c) below.
4. Guaranteed Allowance
The following types of ADUs and JADUs require compliance with the subsection D and other development standards do not apply.
a) Attached or Detached ADUs: One attached or detached ADU up to 850 square feet of floor area or 1,000 square feet of floor area for ADUs providing more than one (1) bedroom and four (4) foot minimum side and rear yard setbacks. b) Converted ADUs: One (1) ADU and JADU that is within the proposed or existing space of a primary dwelling or an accessory structure. A converted ADU may include expansion of up to 75 square feet for any use beyond the same dimensions as the existing structure. Accessory structures may include an additional expansion of up to 150 square feet to accommodate ingress and egress. A converted JADU must be entirely within the existing habitable space of an existing primary dwelling unit. Converted ADUs and JADUs shall comply with the following:
i. The space has exterior access from the proposed or existing single-family dwelling
ii. The side and rear setbacks are sufficient for fire and safety. iii. The JADU complies with the requirements of section 65852.22. c) Multi-family lots
Either converted or detached ADUs are allowed, but not both. i. Converted ADUs: A minimum of one ADU may be converted from livable or non-livable space. Additional ADUs may be converted within the portions of existing multi-family dwelling structures that are not used as livable space, including but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages up to a maximum of 25% of the existing multifamily dwelling units. A converted JADU must be entirely within the existing habitable space of an existing multi-family dwelling unit. Each ADU shall comply with building code standards for dwellings.
ii. Detached ADUs: Not more than two ADUs that are located on a lot that has an existing multi-family dwelling, but are detached from that multi-family
dwelling, are subject to 18 foot maximum height and 4 foot side and rear setbacks.
d) Allowable Heights
All ADUs and JADUs shall be subject to the following height limitations:
i. 18 feet for a detached ADU on a lot with an existing or proposed single- or multi-family dwelling unit. An additional two (2) feet in height shall be permitted to align the roof pitch with that of the primary dwelling unit. ii. The zoning code height limitation applicable to the primary dwelling for an attached ADU.
e) Utility Connections
ADUs and JADUs permitted under 4070.120 shall not be considered new residential uses for the purposes of installing a new or separate utility connection between the ADU and JADU and the utility; or calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory structure is constructed with a new primary dwelling.
5. ADUs and JADUs Not Subject to Section 4070.120(D)(4) Guaranteed Allowance a) Minimum and Maximum Size
ADUs shall comply with the following minimum and maximum size limitations:
i. Minimum size for ADU and JADU: 150 square feet (“efficiency unit” per California Health and Safety Code Section 17958.1).
ii. Maximum size for ADUs: 850 square feet for studios and one bedrooms and 1,000 square feet for ADUs with more than one bedroom and/or ADUs that are ADA compliant.
iii. Maximum size for JADU: 500 square feet
b) Height for New Structures
i. The height limit for attached and detached ADUs is set forth in Section 4070.120(4)(D). ADUs above the height limitations shall be subject to design review in accordance with Section 5130 Design Review.
ii. Building height shall be measured from the vertical distance from any point on the finished roof surface to the finished floor surface of the lowest floor measured directly below or to the natural or finished grade, whichever is more restrictive or lower. If the entire lowest floor, measured from the finished floor surface of the floor above, is located completely below natural or finished grade, whichever is more restrictive, then the building height shall be measured to the top of the finished floor of the next level directly above that subterranean level. The height limit shall include roof chimneys, vents, mechanical enclosure, stairways, and other such structural elements required for the operation of the building.
c) Setbacks for Attached or Detached ADUs:
i. Interior side and rear setbacks: a minimum of 4 feet. ii. Nonconforming structure: ADUs that are converted within an existing legally non-conforming structure may maintain the non-conforming setbacks. Any expansions beyond the dimensions of the existing legally non-conforming structure shall comply with the above setbacks.
d) Space Between Buildings
The space between a detached ADU and another structure shall be the minimum necessary to comply with the Building and Fire Code. e) Design Standards
Standards set forth in this section apply to the exterior of any ADU. Applications shall demonstrate compliance with the following:
i. Architectural Standards: The exterior materials and finish, color scheme, and roof design, and pitch of an ADU above 12’ feet in height shall match the primary dwelling building if an ADU is visible from any public or private roadways, excluding alleys.
ii. Lighting: Outdoor lighting must be hooded, fully shielded, and aimed downward. Light trespass that results in glare is prohibited. iii. Outdoor Living Space: Covered exterior porches, decks, patios, and other outdoor living spaces attached to the ADU shall comply with the height, setbacks, and design standards above and are limited to 20% of the maximum floor area of the ADU. Elevated decks more than 3 feet above adjacent existing grade shall require design review. Roof decks shall be prohibited.
E. Additional Standards
1. Access
The ADU or JADU shall have independent exterior access from the primary dwelling.
Interior access between the ADU or JADU and the primary dwelling is allowed.
Interior access between a JADU without a separate bathroom must have interior access per Section 4070.120 (E)(7) below.
2. Addresses
The addresses of both the primary building and ADU shall be clearly visible from the public right-of-way.
3. Deed Restriction
JADUs shall require the recordation of a deed restriction, which shall run with the land, that includes the following:
a) A prohibition on the sale of the JADU separate from the sale of the primary dwelling, including a statement that the deed restriction may be enforced against future purchasers.
b) A restriction on the size and attributes of the JADU that conforms with this chapter.
4. Fire Sprinklers
All types of ADUs and/or JADUs shall not be required to provide fire sprinklers if they are not required for the primary dwelling. A JADU shall not be considered a separate or new residential unit. Fire sprinklers may be utilized as mitigation in an alternate materials and methods proposal to provide equivalency when compliance with the California Fire Code Requirement is not feasible.
5. Historic Resources
ADUs and/or JADUs within or proposed to be within a structure listed on the California Register of Historic Resources shall meet al Secretary of the Interior Standards, as applicable.
6. Kitchen
a) ADUs shall contain a full kitchen.
b) JADUs shall contain an efficiency kitchen, which includes a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size of the JADU.
7. JADU Bathrooms
JADUs without a separate bathroom just have a separate entrance from the main entrance to the structure and an interior entry to the main living area.
8. Nonconformities
Conversions or reconstruction of legal nonconforming structures to ADUs or JADUs shall not be required to correct nonconforming zoning conditions. Conversions of legal nonconforming structures shall be required to meet all current building, electrical, and fire code standards. Nonconformities in the existing primary structures shall not be required to be corrected during or as a condition of approval of an application for an ADU or JADU.
9. Owner Occupancy for JADUs
For JADUs only, the property owner shall permanently reside, as evidenced by documentation satisfactory to the City, in either the primary dwelling or the JADU.
10. Passageway
No passageway shall be required for ADUs and/or JADUs. For the purposes of this section, “passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU and/or JADU.
11. Rental Unit
The ADU or JADU shall not be rented for a period of less than thirty (30) consecutive calendar days.
12. Sale
The ADU shall not be sold or otherwise conveyed separate from the primary residence unless specifically permitted by State law.
13. Vehicular Access
The ADU and JADU shall utilize the same vehicular access that serves the primary buildings, unless the Fire Department and the Public Works Department find that a secondary access will not degrade existing safety or traffic concerns. An ADU and/or JADU with new vehicular access to streets or alleys is subject to design review.
14. Demolition Permits
When a garage, carport, covered parking structure, or other accessory structure is demolished in conjunction with the construction of an ADU or converted into an ADU, the demolition permit for the garage, carport, covered parking structure, or other accessory structure shall be reviewed at the same time as the ADU application.
F. Utility Connections and Fees
All ADUs and JADUs shall connect to public utilities, including but not limited to, water, electric, and sewer services.
1. New Construction
The City may require a new a separate utility connection directly between the ADU and the utility. Consistent with California Government Code Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed ADU, based upon either its square footage or the number of its drainage fixture unit (DFU) values, as defined in the current adopted California Plumbing Code, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
2. Impact Fees
No impact fees shall be imposed to an ADU less than 750 square feet in size. Any impact fees charged for an ADU of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling.
G. Affordable Housing Unit
1. In order to encourage ADUs to provide affordable housing as defined by the California Department of Housing and Community Development (HCD), the following described fee refunds shall be available. In order to obtain the incentive, the property owner must limit by deed restriction, covenant, and/or other instrument the occupancy of the ADU, based on the income limits and applicable rental rates established annually by the State of California. The City may impose conditions and penalties for noncompliance with the affordability restrictions. If the owner has requested the incentives in this section, prior to the issuance of a building permit, the property owner shall record a deed restriction with the County Recorder’s Office, the form and content of which is satisfactory to the City Attorney. The deed restriction document shall notify future owners of prohibition restrictions on short-term rentals and annual reporting requirements. The deed restriction shall remain in effect for a minimum of ten (10) years.
2. Incentives: All City planning, zoning, and impact fees shall be refunded after building permit final, excluding consultant review fees.
H. Accessible Housing Unit
Notwithstanding any ordinance or regulation mandating the payment of building, planning, and/or zoning permit fees, and in order to encourage the use of ADUs to provide accessible housing units as defined by the U.S. Department of Housing and Urban Development (HUD) Section 504, all City planning, zoning, and impact fees shall be refunded after building permit final, excluding consultant review fees and impact fees pursuant to Government Code Section 66000 et seq.
I. Notification
No public notice or hearing shall be required unless the ADU and/or JADU do not meet the standards of this chapter or requires a discretionary permit. The noticing and appeal requirements shall follow the requirements of the discretionary permit.
J. Code Enforcement Amnesty
Delay in Enforcement. The City, until January 1, 2030, shall include in a notice to correct a violation of any provision of any building standard relating to an ADU or a JADU a statement that the owner of the unit has a right to request a delay in enforcement pursuant to the following:
1. The ADU or JADU was build before January 1, 2020.
2. The ADU was built on or after January 1, 2020, at the time the ADU was built, had a noncompliant ADU ordinance, but the ordinance is compliant at the time the request is made.
3. The owner of such an ADU that receives a notice to correct violations or abate nuisances must apply to the City requesting that enforcement of the violation be delayed for five (5) years on the basis that correcting the violation is not necessary to protect health and safety. Examples of violations that require correction include, but are not limited to, gas line connections, electrical wiring of improper size and terminations, no venting for mechanical equipment, no natural light and ventilation, and structural stability.
The Director shall grant the delay in enforcement if the Director determines that correcting the violation is not necessary to protect health and safety, including but not limited to, building standards and fire and safety standards.
Section 2. California Environmental Quality Act (CEQA) Determination.
The proposed Zoning Ordinance is not subject to CEQA because the adoption of this Zoning Ordinance is not a “project” pursuant to Section 15060 (c )(3) of Title 14 of the California Code of Regulations. Specifically, this Zoning Ordinance only establishes criteria and a streamlined process for permitting accessory dwelling units and issuing permits and is merely authorizing administrative activities which will not result in a direct or reasonably foreseeable indirect physical change in the environment.
Section 3. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, without regard to whether any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 4. Effective Date of Ordinance. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.
Section 5. Certification and Publication. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted in the manner prescribed by law.
PASSED, APPROVED, AND ADOPTED, this 28th day of February, 2024.
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Eddie De La Riva, Mayor
ATTEST:
_________________________________
Brian E. Juarez, City Clerk
APPROVED AS TO FORM:
___________________________________
Roxanne Diaz, City Attorney
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 17.
DATE: April 24, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: MIGUEL LEON, ADMINISTRATIVE ANALYST
SUBJECT: CONSIDERATION OF APPROVAL OF MUNICIPAL SERVICES AGREEMENT WITH
THE COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE AND CONTROL (DACC) FOR ANIMAL CARE AND CONTROL SERVICES FOR FISCAL YEARS 2024- 2029
RECOMMENDATION:
Staff recommends that the City Council approve the proposed Municipal Service Agreement with the County of Los Angeles Department of Animal Care and Control (DACC) for Animal Care and Control Services for Fiscal Years 2024-2029 and authorize the City Manager to execute the agreement in a form approved by the City Attorney.
BACKGROUND:
The City of Maywood contracts with the County of Los Angeles Department of Animal Care and Control (DACC) to coordinate essential animal care services. This contractual agreement encompasses a range of services, notably kennel facilities for dogs, cats, and other animals. Additionally, the contract consists of field services, medical care, on-call support for emergency situations, overnight accommodations, deceased animal management, licensing, and efforts towards reuniting lost pets with their owners.
In 2015, the Los Angeles County Board of Supervisors initiated a comprehensive study of the Department of Animal Care and Control (DACC) cost structure and billing methodology. It was determined that the current charges were insufficient for cost recovery. Consequently, a revised billing methodology was proposed. These findings were communicated to all cities in 2018. Responding to cities' concerns regarding potential rate increases, a subsequent independent review was conducted, with results shared in 2020. The recommendation was for DACC to adopt the new methodology starting in Fiscal Year (FY) 2020–21. However, due to the COVID-19 outbreak and its economic impact on the County, implementation was postponed until FY 2021–22, scheduled to commence on July 1, 2021.
Fiscal Year City Cost DACC
Subsidy
Year 1 FY 2021-22 50% 50%
Year 2 FY 2022-23 60% 40%
Year 3 FY 2023-24 70% 30%
Year 4 FY 2024-25 80% 20%
Year 5 FY 2025-26 90% 10%
Year 6 FY 2026-27 100% 0%
At the time of the last approval of the LA County Animal Services contract in FY 2019, there had been a significant change in the cost structure. Initially, the City Cost-DACC Subsidy covered half of the cities’ fiveyear contract expenses. However, the County has since increased its service fees with the implementation of a 10% annual rate increase for cities, beginning in FY2021, with the aim of cities covering all costs by FY 2026–
27. The County Auditor-Controller sets the County's rates and adjustments, which are subject to annual adjustments as outlined in the Six-Year Step-Up Plan table above. Consequently, unpredictable costs have been incorporated into the City's annual expenditures to fulfill the County contract.
DISCUSSION:
The existing five-year City-County Municipal Services Agreement pertaining to animal care and control services is scheduled to conclude on June 30, 2024. The finalized service agreement, duly approved by the Los Angeles County Board of Supervisors on February 6, 2024, is presented for review and consideration. The proposed Municipal Service Agreement outlines the terms and conditions applicable to the provision of Animal Care and Control Services by the DACC to the City of Maywood from 2024 to 2029. The updated City-County Municipal Services Agreement incorporates amendments in language, services provided, and associated costs, aligning with evolving needs since the previous agreement.
Significant revisions include enhancements to dispute resolution procedures regarding Service Level Requests (SLRs), simplification of contact information updates via email confirmation, authorization for cities to disseminate approved pet licensing materials, implementation of electronic signatures for Agreement-related communications, clarification of termination obligations, introduction of new responsibilities for record maintenance and licensing choices, and a renewed focus on fostering collaborative endeavors to enhance animal care services efficiency.
The FY2023-2024 projected expenditure is $114,000, while the anticipated FY2024-2025 expenditure, accounting for a ten percent increase, is approximately $123,000. This increase is attributed to the annual ten percent rise in the County's fee for services. Additionally, annual and monthly expenses vary based on the volume of services provided to the City. This increase would allow the City to fulfill its five-year contract with the County, inclusive of the flat per capita rate and an annual 10% increase. The chart below displays the City's past payments to the County as well as projected expenditures for FY2023–2024 and FY2024–2025.
Expenditure to County
FY2019-2020 $88,339.68
FY2020-21* $51,184.19
FY2021-22 $76,268.01
FY2022-23 $102,437.54
FY2023-24 (Projected) $114,000.00
FY2024-25 (Projected with a
10% increase)
$123,000.00
*Please note that FY2020–2021 expenditures were reduced due to the COVID-19 pandemic.
Approval from the City Council is required to authorize the City Manager to execute an agreement with the Department of Animal Care and Control (DACC), ensuring a seamless transition when the current Agreement expires on June 30, 2024, and the new Agreement takes effect on July 1, 2024, through June 30, 2029.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
The budget allocation for FY2023-24 currently stands at $108,000, but revised projections suggest an adjustment to $114,000 to address unforeseen high-volume service requests. Therefore, an additional $6,000 appropriation from the general fund is necessary to adequately address this demand. In FY2024-25, a 10%
increase is anticipated, bringing the projected amount to $123,000. The annual increases are expected to continue through FY2026-27, at which point the City will provide full coverage for all animal care services.
ATTACHMENT(S)
1. Maywood 02.12.24: DACC Letter New Municipal Service Agreement for Fiscal Years 2024-29
2. Attachment A - Description of Services (2024-29)
3. Municipal Services Agreement (2024-29) - Maywood
Marcia Mayeda, Director
February 12, 2024
Ms. Jennifer E. Vasquez
City Manager
4319 East Slauson Avenue
Maywood, CA 90270
Dear Ms. Vasquez:
NEW MUNICIPAL SERVICES AGREEMENT FOR
ANIMAL CARE AND CONTROL SERVICES
FISCAL YEARS 2024-29
We hope this message finds you well. We would like to inform you that the current five-year City-County Municipal Services Agreement (the "Agreement") for animal care and control services is set to expire on June 30, 2024. We are pleased to inform you the new Agreement for Fiscal Year 2024-2029 has now been finalized and is available for your review and signature.
New City-County Municipal Services Agreements
As part of our commitment to maintaining effective collaboration, the County of Los Angeles (County) Department of Animal Care and Control (Department) took proactive steps to ensure that the new Agreement reflects the needs and input of our partner cities. On October 16, 2023, we sent a draft of the new Agreement to your city for review and input, and on June 26, 2023, we conducted a survey to gather valuable feedback from our partnered cities to inform the development of this Agreement. We are immensely grateful for the feedback received; it played a pivotal role in shaping the Agreement.
Ms. Jennifer E. Vasquez
February 12, 2024
Revisions to the Agreement are summarized below:
City-County Municipal Services Agreement
Revision Type Section Explanation
Added Section 2.3
The City may distribute educational and
outreach materials, reviewed and
agreed upon by both the Department
and the City, related to pet licensing and
its benefits.
Per City requests, grants
cities the autonomy to
distribute materials
pertaining to animal care
and control services, if
approved by the
Department.
Added Section 3.2
In the event of a dispute between the
Parties about the desired or approved
content of the SLR, the dispute will be
handled in accordance with
Paragraph 2.2 of this Agreement.
Further clarifies the
process for disputes
relating to services
defined in the Service
Level Request (SLR).
Added Section 3.4
The City is only required to submit a
new SLR if it wishes to revise its current
services or update information listed on
its existing SLR.
Regarding updates to contact
information, the City is not obligated to
submit a new SLR. A simple email
confirmation from the City will suffice,
and the Department's Contracts and
Grants Division will update the City's
existing SLR and share the revised
copy with the City.
Removes the need for
cities to resubmit a new
SLR each time there is a
contact update. This is to
help streamline the
process for contract cities
and remove the burden of
unnecessary steps.
Added Section 3.5
The City will make its best effort to
inform the Department of any
modifications to its ordinance
concerning animal care and control
services. This approach will enable the
Department to verify that the services
outlined in the City's SLR align with the
municipal ordinance, thereby reducing
the potential for any discrepancies.
Helps ensure consistency
between city ordinances
and what is listed on the
SLR document.
Revised Sections 4.5 and 4.6
Changed the order of Sections 4.5 and
4.6. Changed to improve the
flow of the content
Ms. Jennifer E. Vasquez
February 12, 2024
Revised Section 7.5
In the event of termination, both Parties
shall fulfill all obligations owed to each
other that have accrued before the date
of termination. Additionally, each Party
will be released from any obligations
that would have accrued after the
termination date had the Agreement
continued. However, the City will remain
responsible for payment to the
Department for any services provided
under this Agreement prior to the
termination date.
Further clarifies the
language on the
termination of the
Agreement and the
responsibilities of each
party.
Revised Section 10.1
Each Party shall designate a Primary
Contact, as identified in Attachment B,
Service Level Request, to facilitate the
services covered by this Agreement.
The Department accepts both physical
(wet) signatures and electronic
signatures for any notices or
correspondence related to this
Agreement.
Helps clarify the
notification process and
makes electronic
signatures allowable for
any notices or
correspondence related
to the Agreement.
Revised Section 11.1
With the exception of changes to a
City’s contact information, any changes,
modifications, or amendments to the
Agreement must be in writing and duly
executed by the Director of the
Department, or his/her designee, and
an authorized representative of the City.
The only exception to this requirement
applies to updates to the City's contact
information, which may be made
through an email from the City.
Allows cities to update
the contact information
on their SLR via an email
confirmation, thereby
removing the requirement
to resubmit a new SLR
each time a contact
needs to be updated.
Ms. Jennifer E. Vasquez
February 12, 2024
This table lists the Department’s revisions to Attachment A - Description of Services:
Attachment A – Description of Services
Revision Type Section Explanation
Updated Throughout the document. Updated general
language throughout to
align with current
Department practices and
vernacular. Examples
include changing
“impounded” to
“admitted” and “shelter”
to “animal care center.”
Added Section III. Alternatives to Care
Center Admissions and section on
Managed Intake (please refer to
Attachment A for the full language)
Provides language on the
Department’s philosophy
of Managed Intake,
implemented in 2020,
and the services provided
by the Department to
prevent owner surrenders
and to keep pets with
their families.
Revised Section IV. Individual Animal
Licensing Services
Pet owners may opt into a one- or
three-year license option for their pets.
Fees from one- and three-year licenses
collected will be credited to the City
monthly in arrears.
Updated language to
include the three-year
license option which was
previously not available.
Added Section IV. Individual Animal
Licensing Services
The Department’s animal licensing
services include:
• Maintaining the Rabies
Vaccination Certificate tool
database that scans rabies
vaccination data reported by
private veterinary clinics to
identify unlicensed pets in our
jurisdictions and generate
compliance notices to pet
owners.
Added the Department’s
new responsibility of
maintaining records via
the Rabies Vaccination
Certificate tool.
Ms. Jennifer E. Vasquez
February 12, 2024
Please provide the signed agreement back by May 31, 2024. Your prompt attention will help ensure a seamless transition when the current Agreement expires on June 30, 2024, and the new Agreement takes effect on July 1, 2024, through June 30, 2029. We will make our best effort, based on our available capacity, to attend any necessary council meetings needed to execute the Agreement.
Should you have any questions, require further clarification, or wish to discuss any aspect of the Agreement, please do not hesitate to reach out to Mr. Bradley Kim of our Contracts and Grants Division at [email protected] or (562) 379-9722.
We value your partnership and look forward to continuing our collaborative efforts in providing outstanding animal care and control services to your city. Thank you for your continued support and cooperation.
Sincerely,
MARCIA MAYEDA
Director
MM:DU:WD:BK:rke
s:\contract cities\ref docs\municipal services agreement (2024-29) 2.12.2024 final (template).docx Enclosures
c: Animal Care Board Deputies
Chief Executive Office (David Korsak)
Revised VI. Records
Updated Government Code in relation
to the Public Records Act
Updated for accuracy.
Added VI. Records
12. Public Hours performed at a specific
Animal Care Center
Added Public Hours
report as a request option
for cities
COUNTY OF LOS ANGELES
ATTACHMENT A
DEPARTMENT OF ANIMAL CARE AND CONTROL
DESCRIPTION OF SERVICES
I. Animal Care Services
The County of Los Angeles Department of Animal Care and Control (Department) maintains seven animal care centers that accept stray, lost, abandoned, and relinquished animals. The Department also receives and maintains animals that are victims of abuse or neglect, under a quarantine order, or that pose a risk to the public. Stray or lost animals are held for an initial period to give an owner the opportunity to reclaim them. Ownerrelinquished animals are held for an initial period prior to euthanasia or adoption to a new home, pursuant to State law. The holding period may vary and may be extended in an attempt to reunite the animal with an identified owner or for other reasons.
The Department is dedicated to providing appropriate and safe housing to all animals accepted into the Department’s care. The Department is required by law to provide a safe environment with proper food, water, shelter, opportunity for exercise, and medical care for the animals it houses. Medical care may be provided by Department staff or, at the Department’s sole discretion, outsourced to a contracted veterinarian.
As requested by the City in Attachment B, Service Level Request, the Department will provide the City with either: Full Care Center Services; Animal Care for Transfer only; or No Care Center Services.
A. Full Care Center Services
All animals collected in the field within the boundaries of the City or determined to have originated from within the boundaries of the City may be housed at a County animal care center. Admitted animals will be vaccinated and provided medical care, food, water, and shelter. The Department may post an animal’s picture on the Department’s website to assist residents in reclaiming a lost or missing pet or finding a new one. Residents may also visit the associated animal care center to find their lost or missing pet. The hours of operation of each animal care center may be found on the Department's website.
The Department will make reasonable attempts to house animals from the City at the animal care center closest to the City. The nearest animal care center to the City will be designated as the primary animal care center. There may be circumstances in which the Department will house animals collected from the City at an alternate location.
Full Animal Care Center services include:
• Providing food, water, shelter, enrichment, and medical care for animals in the Department’s care;
• Holding stray animals and attempting to reunite them with their owners; • Accepting unwanted animals surrendered by their owners; • Making best efforts to find new adoptive homes for domestic animals and livestock;
• Quarantine and observation of animals for rabies and other diseases at the direction of the Department of Public Health;
• Working with wildlife rehabilitators to rescue sick and injured wildlife; • Providing emergency care and housing to pets and livestock displaced by wildfires or other disasters;
• Holding animals that are the subject of criminal investigations or other legal or administrative proceedings;
• Spay and neuter services for dogs and cats pursuant to State law; • Medical treatment and surgeries to make animals more adoptable; • Euthanizing sick, injured, dangerous, unweaned, feral, or un-adoptable animals;
• Public services, including prevention of animal abuse, neglect, or abandonment through outreach and education, and intervention through finding alternatives to relinquishment and assisting at-risk populations; • Filing annual reports to the State of California as required by law; • Disposal of dead animals;
• Maintaining a website with pictures of stray and surrendered animals to facilitate reuniting the animals with their owners or finding new adoptive homes;
• Connecting pet owners to services to increase owner retention of pets; and • Maintaining regular hours of operation for the public.
B. Animal Care for Transfer
If the City has opted for Animal Care for Transfer services in Attachment B, the Department will provide temporary housing until the City has transported the animal(s) to another animal care facility. Services will be the same as described for Full Shelter Service above. The Department will only release animals to be transported to an animal care facility approved in advance by the Department and documented in Attachment B. The Department will only release an animal to persons capable of transferring an animal safely in a vehicle appropriate for the humane transfer of the animal. The City will be responsible for all costs of the temporary care and housing at the Department’s animal care center, as well as the subsequent costs of transportation, care, and housing at the animal care location of the City’s choice. The Department may refuse to release an animal for transport if, in the reasonable assessment of the Department, the vehicle in which the City desires the animal(s) to be transported poses an unacceptable risk of harm to the animal(s) or others, or if the animal is
ill or injured to the extent that transportation would cause further injury or suffering.
The Department will not provide transportation from the field or from a County animal care center to any alternate animal care location, except as necessary for the needs of the County. If necessary, the Department may transport an animal(s) to an alternative animal care location of the City’s choice and the City will be responsible for the cost of such transport at the current billing rate for field service staff.
The City will be responsible for all costs for the admission, care, and housing at the Department's animal care center, as well as the subsequent costs of care and housing at any animal care facility of the City's choice. The City's designated animal care center location is listed in Attachment B, Service Level Request.
II. Field Services
The County will provide the services set forth below in accordance with the provisions of the Los Angeles County Code, Title 10, “Animals,” and all future amendments, except as otherwise agreed to by the Parties in Attachment B, Service Level Request.
A request by the City for the Department to enforce Los Angeles County Code, Title 10, Chapter 37, will authorize the Department to provide an administrative hearing process to accomplish the enforcement when applicable.
In order to harmonize the terms of this Agreement with the provisions of the City’s municipal code, the City must adopt Title 10 “Animals” of the Los Angeles County Code (“Title 10”). The City may adopt or opt out of provisions of Title 10 only as agreed to by the Department. The City is encouraged, but not required to, adopt Title 10 in such a way as to incorporate all future amendments.
The Department will inform the City of any proposed changes to Title 10 with as much advance notice as practical, with the intention to provide the City with an opportunity to submit input to the Department and the County related to the proposed changes. The Department will notify the City of the passage of any change to Title 10 by the County Board of Supervisors as soon as practical. The Department will inform the City whether the City may adopt or opt out of the changes to Title 10.
Description of Field Services
The Department will provide sufficient resources and services for animal control field services. Services consist of Department personnel performing a variety of tasks utilizing appropriate equipment. These tasks include:
• Promptly responding to reports of vicious and dangerous animals that pose a threat to public safety;
• Capturing, reuniting, and admitting stray domestic animals; • Capturing and impounding or returning domestic animals at large; • Accepting and caring for animals surrendered by their owners; • Removal of dead land animals (limited to a maximum of 150 pounds) from public and private property as set forth in Section 10.12.130 of the County Code; • Educating the public and enforcing State laws and local ordinances, including leash laws, animal cruelty laws, and the laws relating to keeping wild or exotic animals;
• Investigating cases for possible criminal prosecution, including misdemeanor and felony crimes; issuing citations; collecting evidence; preparing reports; testifying in court and other hearings;
• Investigating appropriate cases for potential administrative actions pertaining to animals; preparing appropriate documentation to pursue administrative declarations; conducting administrative hearings, consistent with state and County laws; and defending declarations that are challenged in court; • Rescuing ill, injured, or abused animals;
• Enforcing animal nuisance complaints such as excessive animal noise and other violations; issuing administrative or criminal citations as appropriate; • Assisting local law enforcement with their investigations when animals are involved, such as the service of search warrants and impounding animals as evidence or when necessary for those belonging to persons taken into custody; • Responding to emergencies such as fires, earthquakes, floods, and other natural or manmade disasters to rescue and temporarily house animals, or to provide care for animals in evacuation zones;
• Maintain a 24-hour dispatch and communications center to receive calls for service and dispatch staff for field response as appropriate; and • Maintaining records in accordance with applicable laws and policies.
A. Standard Service Plan
The Standard Service Plan includes answering calls for service 24 hours per day, seven days per week, dispatching or assigning field staff, and performing duties in the field based on priority, location, and availability of staff. Services provided under the Standard Service Plan are similar to those services the Department provides to unincorporated communities in Los Angeles County.
B. Limited Service Plan
The Limited Service Plan includes standard services on a part-time basis during days and hours specified in the Service Level Request. Billing rates are described in Attachment C, City-County Municipal Services Billing Rates.
III. Alternatives to Care Center Admissions
The Department's “Alternatives to Care Center Admissions” services are activities that go beyond providing housing for dogs and cats, and have the effect of keeping pets out of care centers and in homes and healthy environments. This includes staff counseling pet owners or connecting them with resources such as free pet food and supplies, medical vouchers, temporary housing, access to a medical helpline, and other critical resources all intended to help keep pets with their families. The Department also offers a variety of pet assistance programs, known collectively as the Pets Are Family (PAF) program, which is funded almost entirely through donations and grants received by the Department. A summary of the programs offered under PAF can be found on our website (https://animalcare.lacounty.gov/dacc-support-services).
As a result of these efforts, the number of dogs and cats admitted into Department animal care centers has decreased dramatically due to the Department reducing preventable pet surrenders. These programs are only available to cities that opt into Full Care Center Services and are charged at a flat per capita rate as indicated in Attachment C, CityCounty Municipal Services Billing Rates.
Managed Intake
Managed Intake (MI) is a strategy that allows agencies to manage and reduce the flow of both owned pets and homeless animals into their care, which is accomplished by partnering with the community and providing resources and solutions. Through the Department’s intervention services, pet owners receive support in the form of consultation, financial resources, and referrals — both medical and behavioral — to assist them with their pet-related issues. MI has reduced the number of surrendered animals admitted to the Department’s care centers to those who have no other opportunity for rehoming. This is reducing the costs for cities that are associated with sheltering cats and dogs.
Components of Managed Intake:
• Community Engagement is key to successfully employing Managed Intake, giving the community an opportunity to foster, network animals, facilitate adoptions, and to develop solutions to keep pets with their owners.
• The Department encourages people who have found stray animals to attempt to reunite the pets with their families. The Department also encourages residents to
allow free roaming cats to remain where they live, as these are often pets or community cats.
• To reduce the relinquishment of owned pets, the Department will provide resources such as training, food, and supplies, or other support to help keep pets in their homes.
• Public safety and animal welfare are a priority. Animals that pose a safety threat will immediately and safely be admitted by the Department, as will animals that are sick or injured.
IV. Individual Animal Licensing Services
Adult dogs four months of age and older are required by State law to have individual licenses. The City may request that the Department enforce licensing requirements in the City for dogs, cats, or other animals as described in Attachment B. The City may adopt the County’s fees for individual animal licenses or set its own fees as permitted in Attachment B.
License renewal notices are mailed or transmitted by the Department to the animal owner of record. The renewal and payment are received and processed on a fee-per-license basis. Pet owners may opt into a one- or three-year license option for their pets. A current license will be required before an animal will be released to a resident of the City.
Fees from one- and three-year licenses collected will be credited to the City monthly in arrears.
The Department’s animal licensing services include:
• Issuing animal licenses for pets as requested by the City; • Processing license applications, payments, and information changes; • Issuing license renewal notices;
• Assessing and collecting fees, penalties, and other financial remittances; • Maintaining a database for animal licensing, records of calls for service, and actions taken; and
• Maintaining the Rabies Vaccination Certificate tool database which scans rabies vaccination data reported by private veterinary clinics to identify unlicensed pets in our jurisdictions and generate compliance notices to pet owners.
V. Additional Outreach and Enforcement Services Options The City may request that the Department provide additional services as outlined below.
A. Animal License Enforcement Services
License Enforcement Services provides staff to perform individual animal license
enforcement in designated areas within the City. This program includes:
• Issuing new licenses and renewing expired licenses;
• Issuing citations to violators of animal licensing ordinances; • Collecting license revenue, delinquency charges, and authorized fees; and • Recording licensing data in the Department's database.
B. Animal Facility Licensing
The Department's Animal Facility Licensing program provides staff to perform animal facility inspections and licensing to animal-related businesses or organizations that require a license under Title 10 of the County Code. Animal-related facilities are inspected annually to ensure the safety and well-being of the animals as well as the health and safety of the public. Licensees are provided a letter grade based on the results of the inspection.
The Department retains facility license fees to offset the cost of annual inspections and related administrative costs. Staff time for licensing and inspections is not billed to the City. Investigations in response to complaints about activities at a licensed location are conducted by field officers based in the Department's animal care centers and are billed in accordance with Attachment C, City-County Municipal Services Billing Rates.
This program includes:
• Annual inspection of any premise used by an animal-related business or nonprofit organization, including grooming shops, pet shops, boarding facilities or breeding facilities, animal menageries, and all other places where animals are maintained for profit or business activities;
• Issuing grades to animal facilities consistent with the requirements of Section
10.28.270 of the County Code;
• Follow-up inspections of animal facilities as necessary; • Collection of license fees to offset the cost of services; and • Documentation and maintenance of records as necessary.
C. Vaccination and Microchip Clinics
California Health and Safety Code Section 121690(f) states that every city and county, "shall provide dog vaccination clinics, or arrange for dog vaccination at clinics." The Department holds periodic low-cost rabies vaccination and microchip clinics at its animal care centers. If the City chooses additional rabies vaccination and microchip clinics, the following services are offered:
• Providing or assisting in arranging for low-cost vaccinations and microchips; • Staffing low-cost vaccination and microchip clinics with medical personnel and necessary support staff, subject to availability;
• Licensing animals vaccinated at the clinic; and
• Assisting jurisdictions in promoting these community-based clinics.
D. Spay/Neuter Trust Fund
The City may elect to contribute $5.00 per altered and unaltered dog license to the Spay/Neuter Trust Fund. Participation in the Spay/Neuter Trust Fund allows the Department to offer a low-cost or free spay/neuter program for the City’s residents who wish to have their pets spayed or neutered. The Department staff will work with animal care center veterinary clinics and mobile veterinary clinics to assist qualified residents in obtaining spay/neuter services in an area near them.
VI. Records
Upon reasonable notice, the Department will make available to authorized representatives of the City, for examination, audit, excerpt, copy, or transcription, any pertinent transaction, activity, or other record relating to the Agreement. The City must ensure such records are handled in a manner consistent with all applicable privacy laws and all laws related to the Public Records Act (Government Code sections 7920.000 et. seq.).
Upon request, the following standard reports are available from the Department on a monthly basis:
1. Dogs and/or Cats Impounded
2. Animals Returned to Owners
3. Dogs and/or Cats Abandoned
4. Special Admission Dog & Cat
5. Other Animals Impounded
6. Quarantined Dogs and/or Cats
7. Special Admission Other Animals
8. Private Veterinarian (Outside Medical Expense)
9. Dead Animal Pick Up Requests
10.Types of Calls for Service
11. Location of Admission
12. Public Hours performed at a specific Animal Care Center
In accordance with Section 4.7 of the Services Agreement, the Department will provide up to 12 hours of staff time annually for producing special reports to the City at no cost.
Additional staff time will be charged to the City at the current reimbursement rate for applicable staff time.
CITY-COUNTY MUNICIPAL SERVICES AGREEMENT
TABLE OF CONTENTS
COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE
AND CONTROL AND CITY OF MAYWOOD
PARAGRAPH TITLE PAGE
RECITALS 2
1.0 AGREEMENT TO PROVIDE SERVICES UNDER
STATE AND LOCAL STATUTES
2 2.0 1.0 ADMINISTRATION OF PERSONNEL 3
3.0 2.0 DEPLOYMENT OF PERSONNEL 4
4.0 3.0 PERFORMANCE OF CONTRACT 4
5.0 4.0 INDEMNIFICATION 5
6.0 5.0 TERM OF CONTRACT 6
7.0 6.0 RIGHT OF TERMINATION 6
8.0 7.0 CONTRACT SUM 6
9.0 8.0 PAYMENT PROCEDURES 7
10.09.0 NOTICES 7
11.0 10.0 AMENDMENTS 8
12.0 11.0 AUTHORIZATION WARRANTY 8
13.0 12.0 ENTIRE AGREEMENT 8
14.0 13.0 CONSTRUCTION OF AGREEMENT 9
15.0 14.0 IMPLEMENTATION OF AGREEMENT 9
16.0 15.0 COUNTERPARTS 9
CITY-COUNTY MUNICIPAL SERVICES AGREEMENT
COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE
AND CONTROL AND CITY OF MAYWOOD
THIS MUNICIPAL ANIMAL CARE AND CONTROL AGREEMENT (“Agreement”) between the COUNTY OF LOS ANGELES (“the County”) and the CITY OF MAYWOOD (“the City”), together known as “the Parties,” is made and entered into July 1, 2024, or when signed by all Parties, whichever is later.
RECITALS
a. The City desires to contract with the County to perform the animal care and control functions described in this Agreement; and
b. The County is agreeable to providing such services on the terms and conditions set forth in this Agreement; and
c. Such agreements are authorized and provided for by the provisions of Section 56-1/2 and 56-3/4 of the Charter of the County of Los Angeles and sections 51300 et seq. of the Government Code of the State of California.
NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, and for good and valuable consideration, the Parties mutually agree as follows:
1.0 AGREEMENT TO PROVIDE SERVICES UNDER STATE AND LOCAL
STATUTES
1.1 The County agrees, through the County Department of Animal Care and Control (“the Department”), to provide general animal care and control services within the corporate limits of the City to the extent and in the manner stated in the Agreement and its Attachments.
1.2 Except as otherwise specifically stated in the Agreement, the services will only encompass duties and functions of the type coming within the jurisdiction of and customarily provided by the County under the Charter of the County, the Los Angeles County Code, and the statutes of the State of California. The County will provide services in accordance with the provisions of Title 10, “Animals,” of the Los Angeles County Code, and all amendments enacted to Title 10, except as otherwise agreed by the Parties in the most recently executed Service Level Request.
2.0 ADMINISTRATION OF PERSONNEL
2.1 The County will control all aspects of the services provided by the County including, but not limited to, standards of performance, discipline of officers and staff, and all employment-related matters.
2.2 In the event of a dispute between the Parties regarding the duties and services to be provided, or the minimum level or manner of performance of such services, the City will be consulted and an agreement between the Parties attempted. Each party must employ good-faith and reasonable efforts to reach an agreement. If an agreement cannot be reached, the County will make the final and conclusive determination of the dispute.
2.3 All City employees who work with the Department under the Agreement will remain employees of the City and will not have any claim or right to employment, civil service protection, salary, benefits, or claims of any kind from the County. No City employee will become an employee of the County unless by specific additional agreement in the form of a merger contract, which must be concurrently adopted by the City and County. Except as otherwise specifically set forth in the Agreement or in the attached Service Level Request, to the extent the County provides the City with animal licensing services, neither the City employees nor their agents will perform any function related to the licensing of animals, including the collection of license fees, penalties, or field enforcement fees. Field enforcement fees will only be collected by the Department for services performed by employees of the Department. The City may distribute educational and outreach materials, reviewed and agreed upon by both the Department and the City, related to pet licensing and its benefits.
2.4 For the purposes of performing services under the Agreement, and only for the purpose of giving authority for Department staff to provide these services, every County officer and/or employee engaged in performing any service will be deemed to be a contracted officer or employee of the City while performing service for the City, provided the service is within the scope of the Agreement and is a municipal function.
2.5 The City will not assume any liability for the direct payment of salaries, wages, or other compensation to County personnel performing services under the Agreement. Except as described under Section 5.0, the City will not be liable for compensation or indemnity to any County employee or agent of the County for injury or sickness arising out of his/her employment while providing services under the Agreement.
2.6 The County agrees that it is subject to the County Civil Services Rules prohibiting discrimination based on non-merit factors.
3.0 DEPLOYMENT OF PERSONNEL
3.1 The Department, in cooperation with the City, will determine how to provide the services required by the Agreement.
3.2 The City agrees to complete an Attachment B, Service Level Request (SLR) form, specifying the level of service to be provided, which will be signed and authorized by the City and the Department representative and attached to the Agreement. In the event of a dispute between the Parties about the desired or approved content of the SLR will be handled in accordance with Paragraph 2.2 of this Agreement.
3.3 The Department will issue annual notifications of any change to the billing rate as stated in Paragraph 8.2 of this Agreement. Unless the City changes other provisions within the most recently executed SLR, it is not necessary to execute a revised SLR to reflect a billing rate change.
3.4 The City may at any time request a change in the level of service by completing a revised SLR, and submitting the form to the Department. The revised level of service to be provided and the current fiscal year billing rate will be signed and authorized by the City and the Department representative and attached to the Agreement as an amendment. Changes requested at times other than the beginning of the fiscal year will be implemented as soon as practical, as determined by the Department. The City is only required to submit a new SLR if it wishes to revise its current services or update information listed on its existing SLR. The Department reserves the right to approve or disapprove requests on the SLR in accordance with Section 3.1 of this Agreement.
Regarding updates to contact information, the City is not obligated to submit a new SLR. A simple email confirmation from the City will suffice, and the Department's Contracts and Grants Division will update the City's existing SLR and share the revised copy with the City.
3.5 The City will make its best effort to inform the Department of any modifications to its ordinance concerning animal care and control services.
This approach will enable the Department to verify that the services outlined in the City's SLR align with the municipal ordinance, thereby reducing the potential for any discrepancies.
3.6 The City is not limited to the services indicated but may also request any other services in the field of public safety, animal welfare, or related fields within the legal power of the Director of the Department to provide. The County reserves the right to determine, in its sole discretion, whether the Department can provide requested services not otherwise specified in this Agreement.
4.0 PERFORMANCE OF CONTRACT
4.1 In performing services under the Agreement, the County will provide all necessary labor, supervision, equipment, communication facilities, and supplies necessary to maintain the agreed upon level of service.
4.2 Nothing in the Agreement prohibits the City from providing, at the City’s expense, additional resources for the County to utilize in its performance of the services.
4.3 Any use of special supplies, stationery, notices, or forms, in other than standard Department format, must be approved by the Director of the Department, or his/her designee, and supplied by the City at its own cost.
4.4 If requested, the Department will use its best efforts to attend one in-person meeting with the City, up to three hours duration, per quarter at no charge to the City. Additional meetings may be scheduled under unusual or urgent circumstances as agreed upon by the Department. The City will pay the hourly rate listed in Attachment C, City-County Municipal Services Billing Rates, for any additional hours of the Department's contract management staff's time at meetings requested by the City. Due to a lack of availability of meeting space in County facilities, the City will provide a mutually agreed upon meeting space and location, or virtual meeting link, for all in-person and/or virtual meetings or meet at the Department’s headquarters in Long Beach, California.
4.5 If requested, the Department will use its best efforts to coordinate a virtual meeting once per month at no charge to the City. Additional meetings may be scheduled under unusual or urgent circumstances as agreed upon by the Department. The City will pay the hourly rate listed in Attachment C, City-County Municipal Services Billing Rates, for any additional hours of County representatives’ time at meetings requested by the City.
4.6 If requested, the Department will use its best efforts to send representatives to the City’s Council meetings for proposed ordinance changes, contract revisions, or any related animal issues where input from the Department is needed. The Department will only attend these meetings to the extent that resources and capacity will allow.
4.7 The Department will make available upon request, at no charge to the City, the reports listed in Attachment A, Description of Services, at the intervals indicated in that attachment. For any additional reports that are not included in Attachment A, Description of Services, or those requested at more frequent intervals, the Department will account for the hours of staff time required to produce the reports. The County will provide, at no charge to the City, up to 12 hours of staff time annually for any additional requested reports. The City will be responsible for any excess hours at the current
billing rate for staff time as listed in Attachment C, City-County Municipal Services Billing Rates.
5.0 INDEMNIFICATION
5.1 The Parties have executed an Assumption of Liability Agreement approved by the Board of Supervisors on December 27, 1977, and/or a Joint Indemnity Agreement approved by the Board of Supervisors on October 8, 1991, and/or a revised Joint Indemnity Agreement approved by the Board of Supervisors on August 9, 1993. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into the Agreement as if set out in full in the Agreement.
5.2 In the event the Board of Supervisors later approves a revised Joint Indemnity Agreement and the City executes the revised agreement, the subsequent agreement as of its effective date will supersede the Joint Indemnity Agreement previously in effect between the Parties.
6.0 TERM OF CONTRACT
6.1 Unless sooner terminated as provided for in the Agreement, the Agreement will be effective July 1, 2024, or when signed by the Parties, whichever is later, and will remain in effect until June 30, 2029, unless sooner terminated or extended.
6.2 At the option of the Board of Supervisors and with the consent of the City Council, the Agreement may be renewable for successive periods not to exceed five (5) years each.
7.0 RIGHT OF TERMINATION
7.1 Either Party may terminate the Agreement as of the first day of July of any year upon notice in writing to the other Party of at least sixty (60) days before the termination date.
7.2 Despite any provision to the contrary in the Agreement, the City may terminate the Agreement upon notice in writing to the County given within sixty (60) calendar days of receipt of written notice from the County of any increase in the rate for any service to be performed under the Agreement.
In such an event the Agreement will terminate sixty (60) calendar days from the date of the City’s notice to the County.
7.3 The Agreement may be terminated at any time, with or without cause, by either Party upon written notice given to the other Party at least onehundred eighty (180) days before the date specified for that termination.
7.4 In the event of an unresolved dispute, either Party may terminate the Agreement by giving not less than sixty (60) days’ notice in writing to the
other Party. A dispute is unresolved when both Parties agree that there is no resolution and no intent by either party to continue to seek a resolution.
7.5 In the event of termination, both Parties shall fulfill all obligations owed to each other that have accrued before the date of termination. Additionally, each Party will be released from any obligations that would have accrued after the termination date had the Agreement continued. However, the City will remain responsible for payment to the Department for any services provided under this Agreement prior to the termination date.
8.0 CONTRACT SUM
8.1 The City will pay for the services provided under the terms of the Agreement at the current fiscal year rate established by the County Auditor-Controller and set forth in the current Attachment C, City-County Municipal Services Billing Rates.
8.2 The rates indicated in the City-County Municipal Services Billing Rates form will be readjusted by the County annually, effective the first day of July each year, to reflect the cost of services in accordance with the policies and procedures for the determination of rates established by the County.
8.3 The City will be billed based on the current service level described in the latest Attachment C, City-County Municipal Services Billing Rates form.
8.4 The cost of any additional services requested and provided under the Agreement and not set forth in Attachment C, City-County Municipal Services Billing Rates form will be determined by the Department in accordance with the policies and procedures established by the County.
9.0 PAYMENT PROCEDURES
9.1 The County, through the Department, will submit a summary invoice covering all services performed during the month to the City within twentyfive (25) calendar days after the close of each calendar month. The City will pay the County for all undisputed amounts within thirty (30) calendar days after the date of the invoice.
9.2 If payment is not delivered to the County office described on the invoice within sixty (60) days after the date of the invoice, the County is entitled to recover interest on the unpaid amount.
9.3 For all disputed amounts, the City will provide the County with written notice of the dispute including the invoice date, amount, and reason(s) for the dispute within twenty-one (21) calendar days after receipt of the invoice.
The Parties will confirm the resolution of the dispute in writing. For any disputed amounts, interest will accrue if payment is not received within sixty (60) calendar days after the date of the written resolution.
9.4 Interest will be calculated at the rate of seven percent (7%) annually or any portion thereof, from the last day of the month for which the services were performed, or in the case of disputed amounts, from the date of the written resolution.
9.5 Despite the provisions of Government Code Section 907, if payment is not delivered to the County office described on the invoice within sixty (60) calendar days after the date of the invoice, or in the case of disputed amounts, from the date of the written resolution, the County may satisfy such indebtedness, including interest on unpaid amounts, from any funds of the City on deposit with the County, without giving further notice to the City of County’s intention to do so.
10.0 NOTICES
10.1 Each Party shall designate a Primary Contact, as identified in Attachment B, Service Level Request, to facilitate the services covered by this Agreement. Routine communications necessary for the day-to-day facilitation of services may be conveyed through telephone, email, or inperson interactions. However, all notices or demands required, permitted, or desired to be given by one Party to the other must be in writing. Such notices or demands shall be mailed or emailed to the other Party's designated Primary Contact at the address provided in Attachment B, Service Level Request. Both Parties may update the designated addresses and contact persons by providing written notice to the other Party.
The Department accepts both physical (wet) signatures and electronic signatures for any notices or correspondence related to this Agreement.
10.2 Notices to the County of Los Angeles must be addressed as follows:
For physical notices:
County of Los Angeles Department of Animal Care and Control Contracts and Grants Division
Attn: Bradley Kim
5898 Cherry Avenue
Long Beach, CA 90805
Phone: (562) 379-9722
For electronic notices:
10.3 Notices to the City must be addressed to the contact person listed on the most recent SLR on file and/or the current City Official or City Manager.
11.0 AMENDMENTS
11.1 With the exception of changes to a City’s contact information, any changes, modifications, or amendments to the Agreement must be in writing and duly executed by the Director of the Department, or his/her designee, and an authorized representative of the City. The only exception to this requirement applies to updates to the City's contact information, which may be made through a simple email confirmation from the City.
12.0 AUTHORIZATION WARRANTY
12.1 The City represents and warrants that the person executing the Agreement for the City is an authorized agent who has actual authority to bind the City to each term, condition, and obligation of the Agreement and that all requirements of the City have been fulfilled to provide such actual authority.
12.2 The County represents and warrants that the person executing the Agreement for the County is an authorized agent who has actual authority to bind the County to each term, condition, and obligation of the Agreement and that all requirements of the County have been fulfilled to provide such actual authority.
13.0 ENTIRE AGREEMENT
13.1 The Agreement, including Attachment A, Description of Services, the most recent Attachment B, Service Level Request, and the latest Attachment C, City-County Municipal Services Billing Rates, along with the applicable Assumption of Liability or Joint Indemnity Agreement referenced under Section 5.0, constitute the complete and exclusive statements of the Parties, which supersede all previous agreements, written or oral, and all communications between the Parties relating to the subject matter of the Agreement. Except as provided in Paragraphs 3.4 and 11.1, all changes or amendments to the Agreement must be in writing and mutually executed by authorized personnel on behalf of the Parties. The Director of the Department, or his/her designee, is authorized by the County to execute amendments.
14.0 CONSTRUCTION OF AGREEMENT
14.1 Each Party has participated in the drafting and preparation of the Agreement, and each Party agrees that the Agreement will not be construed against any Party on the grounds that the Party drafted the Agreement.
15.0 IMPLEMENTATION OF AGREEMENT
15.1 Each Party agrees to execute the documentation required and to take such other actions as may be reasonably necessary to accomplish the purposes of the Agreement.
16.0 COUNTERPARTS